Contract Changed Should I Sign It

[janice514]

I hope someone can help me = i started working for a company in may and received my contract which i signed and returned

 

the offer was 25 days holiday and bank holidays also - around 8 weeks later we received another contract in the post saying the incorrect contracts went out and they were now changing it to 30 days including bank holidays - and to sign and return.

 

I did not sign it and approached my line manager regarding holidays from my original contract to be told that the contract has been enforced and basically tough accept it or there is the door.

 

I dont want to lose my job - or rock any boats what should i do there are a few of us in the same boat - and i am unsure of what to do next

 

 

should i just accept and lose the holidays or fight will it cost me my job

 

 

please help

[elpulpo]

how many days a week do you work?

You said you signed the original contract and returned it? Do you have a copy of that contract with the employers signature on it?

[janice514]

hello there i work 5 days a week mon - friday and i do have the original contract which i signed and they did

[janice514]

i kept a copy and returned a copy to them

[elpulpo]

Well ,the Statutory Holiday Entitlement on that basis would be 28 days (including Bank Holidays). As I understand it. It's late at night and I'm a bit tired. (5.6 weeks * 5 days = 28 days?)

I don't know, is the simple answer.

I'd wait around and let a few other people post their opinions.

 

I mean, are you resolute about demanding the original terms? Did you only take the job because the holiday entitlement was favourable?

 

You could try holding them to the original T&C's, but you risk your working relationship going sour at an early stage.

You don't have 12 months continuous service yet remember.

[teaboy2]

Spot on Elpulpo

 

working time regulations (amendment) Act 2001 states "a worker is entitled to 4 weeks annaul leave per leave period" Also in the first 12 months you can only take leave which you have already accrued from the days you have work between starting employment and first day off on leave.

 

So basically the total amount of leave you are legally entitled to including bank holidays is 28 days. Anymore then that is at the employers discrestion so you are infact getting 2 extra day on top of what your legally entitled too.

 

If you dont sign the new contract, then you would be effectively refusing their offer of employment regardless of the previous contract (which by the way they have the right to amend the terms off at any time so long as it is within the law and is reasonable). So your decision now would be, do you want the job or do walk away? because they will have every right to refuse to employ you if you dont agree to the new contract, and no their refusal will not be classed as dismissal either. infact it would be classed as you having resigned for refusing the new terms of the contract when the terms are infact reasonable and legal.

 

However, i forgot to mention, that if their are any employees there that have been their longer then you and have the same contract as the first one you were offered and their job is exactly the same as yours and theres no entitlement for them to have extra days holiday per so many years employment (i.e. upto 2 years 20 days, 4 years 22 days 6 years 24 days) . Then you would have grounds to hold them to the original contract.

Edited December 10, 2009 by teaboy2