contract clauses...

[ASB]

hmm didn't know that. why is it dodgy ground? what are the consequences?

i dont' really have much choice but to sign it to be honest... otherwise i'm out of a job!

You may be in a stronger position than you think. If you do not have a written contract (and you don't, you started before you got it) then there is a default set of T&C's. Also they can't actually force you to agree new terms. If you don't like the contract (and it looks absolutely dire) give ACAS a call.

[Spartacus]

i dont' really have much choice but to sign it to be honest... otherwise i'm out of a job!

Precisely, you are signing the contract under duress, so it would be almost impossible for it to stand up in court. How you would present it to a tribunal would be that they lured you in without a written contract but an oral assurance that everything you be okay. You relocated, started work and all the rest of it and then were presented with a wacky contract full of bizarre clauses and you were told to sign or be sacked.

I'm sure it won't come to that, but best to be safe than sorry. As others have said, keep the original communications and be sure to sign the contract dated today, not before.

[janey]

thanks guys, appreciate all the advice.

just dont want to end up being sacked should I happen to miss a deadline or I get sent to the looney bin!

[Spartacus]

thanks guys, appreciate all the advice.

just dont want to end up being sacked should I happen to miss a deadline or I get sent to the looney bin!

No janey, you do want to get sacked, just not in the first year. Think of all the lovely compo money. If you happen to be pregnant at the time... ding-ding, JACKPOT!

[janey]

Fyi

just been on the DTI web site and this is wha tI've found out:

the employer has to give you an employment contract within 2 months of starting work

the contract MUST contain "a note giving certain details of the employer's disciplinary and grievance procedures, and stating whether or not a pensions contracting-out certificate is in force for the employment in question".. I hasten to add that my contract doesn't not say anything at all about disciplinary procedures. The only thing it says is that they may suspend me from my duties on full pay to allow them to investigate any complaint made against me.

[Xenophon]

just been on the DTI web site and this is wha tI've found out:

the employer has to give you an employment contract within 2 months of starting work

the contract MUST contain "a note giving certain details of the employer's disciplinary and grievance procedures, and stating whether or not a pensions contracting-out certificate is in force for the employment in question".. I hasten to add that my contract doesn't not say anything at all about disciplinary procedures. The only thing it says is that they may suspend me from my duties on full pay to allow them to investigate any complaint made against me.

New job going smoothly, then?

[janey]

New job going smoothly, then?

does it ever?!

[privateeye]

The DTI are wrong PrivateEye is right so there

The moment an applicant unconditionally accepts your offer of a job, a contract of employment comes into existence. The terms of the contract can be oral, written, implied or a mixture of all three.

Even if you do not issue a written contract, you are under a legal duty to provide most employees with a written statement of main employment particulars within two months of the start of their employment with you. The written statement is not itself the contract but it can provide evidence of the terms and conditions of employment between you and the employee if there is a dispute later on.

What this means is you already have a contract of employment albeit not signed. The 2 months means it must be a written contract.

Taken from Business Link

*privateeye in smug - I know better than the DTI but who doesn't mode*

[AlfredJPruffock]

I know I'm just a mere permie but I've jsut received my employment contract and wondered what you guys thought of this clause:

they are saying I can be terminated WITHOUT NOTICE for failure to perform duties, become a patient under the mental health act, or you become insolvent

surely the first is wrong because there has to be a disciplinary procedure, which they don't mention

the 2nd seems bizarre, i've never seen this before. Obviously I don't expect to be sectioned any time soon, but surely you would be protected from being sacked if you were to be? Wouldn't you be just eligible for statutory sick pay? it's only an illness after all surely?

as for the 2nd... talk about kicking you whilst you're down! the one time you need money and they sack you!

what are your thoughts guys?

Watch out for the Catch 22 ; ie you must be crazy to accept this job offer therefore we can sack you under the mental health act then liquidate your assets etc

Its a jungle out there Janey:

Dont go ; stay in bed.