can they do this? differing contract terms

[Chyna]

Hi everyone,

My employer was recently taken over and, despite having had no contract for the last 10+ years, I am now being asked to sign a very very restrictive one.

Does anyone know if an employer is able to put differing terms into a contract where job titles and job descriptions are exactly the same? My main issue is a restrictive covenant, where mine (and some others) is so ridiculously tight yet others, with the same job, are not. I have queried this and have been told that there are differing levels of competency within those in this particular job. Surely then, there should be different job descriptions? I'm not prepared to sign at the moment but I'm not sure of the legal position regarding the contract wordings and so hope someone can help.

Thanks.

[godpikachu]

your employment will have been transferred to the new owners via the TUPE system, and as such any and all existing conditions at the time of transfer still apply to you.

 

if they get you to sign a "new" contract, then all your T&Cs from before are rendered null and void, and you have to abide by the terms of your new contract.

 

if you refuse to sign a new contract, and you are not obliged to sign a new one either, they can do absolutley nothing to penalise you, as under the TUPE system they have to honour your previous T&Cs, even though you havent been given one.

 

should they penalize you for not signing their new contract, you can then lodge a formal complaint , and, if required, take tribunal action if they continue to harass, penalise or threaten you.

[Chyna]

Hi godpikachu,

Thanks for your reply. I should have said in my first mail that TUPE unfortunately does not apply in this case.....

Do you have any further thoughts/advice at all?

Thanks.

Edited July 14, 2009 by Chyna

[hitchy1]

Hi godpikachu,

Thanks for your reply. I should have said in my first mail that TUPE unfortunately does not apply in this case.....

Do you have any further thoughts/advice at all?

Thanks.

Lisa

 

 

It can be very complicated. read through the attached info, it should help you decide on how to deal with it.

 

Changes to employment contracts : Directgov - Employment

[Chyna]

Great, thanks for the help.