Under duress and without prejudice

[zazen.warrior]

Post removed.

Edited July 29, 2010 by zazen.warrior
Typo

[cal37]

No protection at all. Do not sign anything that gives up your rights. This has to be negotiated and they can not force you to sign these sorts of things.

Are you a member of a trade union? If not then may i suggest you join one and ask them to look into this. In the mean time, tell your employer that you will sign after and only after you have consulted a legal adviser.

[zazen.warrior]

Post removed.

Edited July 29, 2010 by zazen.warrior

[Sidewinder]

I personally wouldn't mark anything as being 'Without Prejudice' as in the event of legal action it may result in the document not being admissible as evidence. The note that the document has been signed under duress will make a point, but why sign it at all if you disagree? You cannot be disciplined unless you act unreasonably, and it is not unreasonable to ask 'why' or to ask for more information about exactly what you are signing.

 

You are probably better off in raising a formal grievance that you are worried that the changes to your contract may constitute a loss of rights and seek clarification in writing. For example, you will need to know exactly what websites might be taken as the 'wrong' ones, highlighting your need for research and expressing anxiety that such a sanction might affect your ability to do your job. Many companies have a clause in the employment handbook relating to inappropriate use of IT facilities, and it is reasonable to seek further information as to exactly what might be seen as 'inappropriate'. You cannot agree to instant dismissal, whether under duress or otherwise as an employer cannot lawfully dismiss an employee without due process, and misuse of IT facilities would have to be more specifically described as to what would constitute 'misconduct' and more seriously 'gross misconduct'. An employer might invoke disciplinary action resulting in a formal warning for staff spending work time looking at their football club's website, but treat the use of MSN Messenger resulting in a virus being brought onto the network, or looking at pornography online far more seriously and we would certainly classify the latter as Gross Misconduct which could result in demotion or dismissal. One has to know the boundaries before knowing what is acceptable however.

 

Similarly your employer is entitled to revise disciplinary procedures as potential problems present themselves, but such changes have to be reasonable and if neccessary negotiated. The clause about the pay rise looks a little strange, but then again a pay rise is not a right, and can be witheld has the employer sees fit unless it is a stated term in your contract that you will receive an annual increment. He does though have to be even handed in his treatment and act reasonably, so would again have to have a clearly defined policy and disciplinary guidelines to state that a particular breach of the rules could result in suspension of a pay increment. Do you have a Union? Do these changes affect all members of staff doing a similar job?

[zazen.warrior]

Post removed.

Edited July 29, 2010 by zazen.warrior

[paulgmb]

If your Trade Union is recognised by the company then any negotiations should be carried out with them and in turn they will consult you as members. Do you have a Rep on site? If not contact your local office for help and insist that they approach the company about these fundamental changes. If the Union is not recognised and these proposals affect everyone it might be a good time for your colleagues to join. If 50% plus 1 join you could force recognition so long as there are at least 20 employees.

 

I hope this is useful.

 

Regards,

 

Paul.

[Weird Al Yankovic]

I have taken to signing anything I do sign with the header of this thread above my signature, but does this offer any real protection to me?

 

No, of course not.

 

How could it offer protection? You are intending a statement to never be read by anybody other than your employer yet it is your employer who appears to be making unreasonable work rules.

 

Your actions are actually protecting the employer.

 

However, even if you did sign letters 'without prejudice' in response to your employer reducing your rights then the letters would still be admissable at a tribunal.