New contract at work

[Daz66]

Gcol

Everyone here has had there say on what is enforceable with regards to the contract terms but what no-one has picked up on is why are you being asked to sign a NEW contract.

Has the company changed hands???

On signing this new contract are you effectively becoming a 'new' employee waiving your rights to previous long term service benefits????

My stepfathers employers tried to do this by moving his employment from one company to another (fathers company to sons company) which meant the 20 odd years of redundancy and pension he was entitled to was no longer available, he questioned it, refused to sign the new contract and it was all sorted out hush hush, everyone else it happened to had no idea!!!!!!!!

Check out why they want you to sign a new contract and that it doesn't affect you service record with the company.

 

[empip]

Keep a personal employment journal... Mistakes are made with regard to company rules and treatment of staff (work to rule cripples doesn't it?) but not always logged... keep that log ! You may find it useful one day.

More on restrictive covenants...See in Here

 

[Softus]

Everyone here has had there say on what is enforceable with regards to the contract terms but what no-one has picked up on is why are you being asked to sign a NEW contract.

That's because there's nothing to pick up on.

Has the company changed hands?

It wouldn't matter if it had.

On signing this new contract are you effectively becoming a 'new' employee waiving your rights to previous long term service benefits?

Such a thing doesn't apply - it would constitute a TUPE transfer.

My stepfathers employers tried to do this by moving his employment from one company to another (fathers company to sons company) which meant the 20 odd years of redundancy and pension he was entitled to was no longer available, he questioned it, refused to sign the new contract and it was all sorted out hush hush, everyone else it happened to had no idea!

An employer can't get around the continuous service legislation in this way - any such change can be rescinded by an Employment Tribunal under the TUPE legislation.

Check out why they want you to sign a new contract and that it doesn't affect you service record with the company.

gcol - don't even waste your time thinking about it.

 

[johnny_t]

I'm thinking that you have the following choices:

1. Rock the boat now, possibly refusing to agree to the change.
2. Tacitly agree to the change, making your boss aware that you're not 100% happy about it.
3. Silently accept the change, in the near certainty that he wouldn't have a leg to stand on in court.

I'd recommend Softus's number 3.

I've got something similar in my contract as a standard term, but have always been under the impression that it is pretty much unenforcable under European freedom-of-trade rules, or somesuch.

The extent to which you will be competing etc., is always going to be open to interpretation as well. I've recently moved jobs, and it is hard to imagine a situatio where I could be doing something more similar to my old job for a direct competitor, and I haven't heard a peep.

 

[gcol]

Thanks for all the advice chaps.
When you read the advice in bold, I think option 3 is probably the way to go. Of course, I shall be dragging my feet in handing the contract back and if not asked will not hand it in.

http://www.roydens.co.uk/content09.htm
There are simply no hard and fast rules other than the old maxim – never enter into a contract unless you know exactly what you are agreeing to. Professional advice is therefore a pre-requisite. It is often better to enter into a contract containing draconian covenants which are likely to be unenforceable, than to seek to have the restrictions reduced to the point where they become more reasonable and capable of being enforced.

 

[tim west]

Thing is how would they keep a check on where you were working especially if your future company doesn't check for references, if they keep records of you then you could have a case against them under privacy and data protection.

 

[megawatt]

As much as I find it hard to believe I'm pretty much with Softus here

Unless you are taking something proprietory from your previous employer and using it to their disadvantage with a competitor I would very much doubt that your prior employer would take any action against you for moving to a competitor and I wouldn't have any problems signing such a clause (as I have done on a number of occasions).

Whether or not they are legally obliged to do so doesn't really matter as 99% of the time its not worth their effort.

It is a different matter entirely if you work for a firm who (for example) make a unique type of widget and you leave and go to work for a widget imitator company and spill the beans about widget secrets ... Covered by a different aspect in law entirely though

I know loads of people who have been bound by such clauses in various sectors from hairdressing to estate agency and left to either work for a competitor (or set up on their own) and taken all their prior contacts with them ... It's called business