Changes to contract - thoughts please.

[Photoseverywhere]

I did just write this out and then the sodding computer crashed I will keep it simple

I am a nanny. I used to be full time however I have just had my hours/salary changed (25 hours a week) as my charge went to school.
My boss often goes away (overnight/sometimes for up to a week) and I work overtime.

In August I was told of the changes IE going from full time 50 hours to 25 and a large salary cut. I wasn?t happy and I emailed my boss wanting clarification i.e. would I be on call during school hours, what would happen about overtime and asking for a better salary. We arranged a meeting had a conversation whereby she told me that I would not be on call during the day that she would deal with any issues, that there would not be as much overtime, that I would not be paid but would get TOIL, that I would be able to get another job during school hours and that my salary would stay at what she had suggested. I chose to keep the job however start looking for work elsewhere.

In September we clarified that I would be paid for 25 hours a week and I chose to work 7.15-9.30 and 2.30-530 so that I can do nursery duties and I am then free to get a job during those free hours. It also means that I am not in debt to my boss I am working the hours I am paid to do so. Boss gave me a contract to sign ? it did not clarify the TOIL rate and also had another error so I didn?t sign it.

In October my boss went away I worked an additional 72 hours *on top of my paid 25 hours) and wrote down that I had earned 45 hours TOIL. My boss questioned this and said ?but we agreed for this overtime (72 hours) that you would get ½ term off (so 25 hours)? I explained I didn?t think this was fair, as I was in affect working 50 hours and not being reimbursed. I also informed her that my charge had an INSET day coming up and that I had plans during the 9.30-2.30 that I don?t work and as such would not be able to cover this time.

Hope all of this is clearer than mud? Finally I will get to my point.

I have been given a new contract to sign today that says

?Your employers normal days of work are M-F for 50 hours. Your normal days of work are M-F for 25 hours. You may be required to work such additional hours as are reasonably necessary for the proper performance of your duties and meeting the needs of the family. Extra payment will not be made for any additional hours worked?

"Your employer has the right to vary your working hours and days in accordance with the family needs?

So basically this reads to me that I am on call all week while my charge is at school in case he is sick or to cover inset/strike/school closures however I will not be paid to be on call, I will also not be paid for additional work carried out and no mention of TOIL. This doesn?t seem fair. Any thoughts?

[ChristmasKate]

Didn't want to leave you unanswered but that really wouldn't sit well with me, it sounds like you are being asked to be on call for free and with no mention of TOIL it means any extra hours are not being rewarded by overtime or lieu days.

An employer has the right to change your contract but you don't have to accept it and I think anyone would struggle to find a decent replacement on the new proposed terms!

[sicutlilium]

Is your employer perhaps trying to engineer you to resign of your own accord? How long have you worked there?

[Photoseverywhere]

I worked 1 year then left (unusual circumstances/job wasn't available for that period) then came back 9 months later on a new contract and have worked a further 15 months.

I have considered the engineering of the resignation.

I am live in so obviously if I do hand in my notice that leaves me with nowhere to live and no job.

[ChristmasKate]

Wow, I have never hired a nanny but the new contract really sounds like she is trying to push you out with unreasonable expectations.

Are you actively looking for new employment I would be

[mellen]

I think that being asked to work for nothing is technically slavery.

[Photoseverywhere]

Hi I'm back - my thoughts are that I tell her on Monday that I don't agree to the terms she said that we agreed them in a meeting but this being on call for any hours whenever for no payment - we said that I would have the occassional overnight and that I would get TOIL...

So I tell her I don't agree to the terms
Then she will say "someone else will sign that contract" which she hinted to when I didn't sign the new one which had errors in
I then ask if thats what she wants and offer my 4 week resignation there and then - but saying that I will only work the 25 hours a week that I am employed to do so - ie no overnights, no extra hours and the 3 week course she wants to go on is a NO NO.

Thoughts?

[ChristmasKate]

I think that sounds like a great plan if you are actually going to be able to mve out in 4 weeks time.

Your role in her life is extremely important and although flexibility needs to factor highly in childcare she is clearly taking the piss!

[mellen]

No-one else will want to be on-call for free in order to work for free either.

[Rockchick1984]

She won't find anyone else who will sign that contract. I definitely think you need to resign, she has shot herself in the foot here!

[ChristmasKate]

How are things going photos?

[Photoseverywhere]

I spoke to citizens advice and an employment lwayer today - both said don't accept and don't quit - if I quit I lose my employment rights. So I have emailed her with regards to the contract saying certain things don't add up. She came up to have a word tonight but was busy so we have arranged to talk on Wednesday - so have to stay strong and not quit and not accept to her terms.

[ChristmasKate]

Sounds like a very difficult situation to be put in.

The contract is unreasonable and try to hold in mind she needs you to help keep her family going in her absence and that sort of help and expertise costs money.

Good luck and keep posting if you can/want to.