Thread: Advice on letter stating why not signing new contract

Hi,

Could anyone give me some advice on writing a letter to an employer stating why you won't sign a new contract/terms of employment?

My father in law (who I posted another thread about a while back because his employer was starting a disciplinary against him for no reason), has been given a new terms of employment contract, which has the following errors/unfair terms:

1. Stats that his hours are 'Monday to Sunday' no times or hours stated. As he does shift work (shop fitter), I said it needs to state either 8am - 5pm, or 8.5 hours a day, with 11 hours between shifts, and at least 1 day off every week, or 2 days off every fortnight. This is the most important point as far as he's concerned as yesterday he worked 5pm - 3am, then had to be back at work for 9am this morning, so he didn't receive his 11 hours break. As he drives the company van/trailer, it puts him and others at risk of falling asleep at the wheel.

2. States that annual holiday is 20 days a year including bank holidays. My understanding is that its 28 days including bank holiday’s minimum.

3. It states that you may need to pay expenses out of your own pocket, but doesn't state when or how you'll be reimbursed.

4. States that you'll only be paid for working a public holiday if you work the day before and the day after. As far as I'm concerned if you work a day, you get paid for it!

5. Says you get 15 minutes break for every 6 hours worked, my understanding is that its 15 minutes for every 4 1/2 hours.

6. Says that he may need to work outside of the UK, but doesn't say what requirements are in place to support this.

If anyone has any examples of how to word a letter stating why you wouldn't sign a TofE it would be much appreciated!

Thanks

Ben

This was reported on Tonight programme this week. 2 men refused to accept the new contract and were sacked in the end.

The advice given was that they would be able to take the company to an employment tribunal for 'unfair dismissal'.

That might be the route he'll have to take if he doesn't accept the new contract.