Change to Contract for part time work?

[everyonebutme]

I have a part time job and normally work around 20 hours a week although this varies according to time of year and workload and I am paid by the hour. I am the only employee so am my employer's right hand person (and general dogsbody!). Earlier in the year I had an offer of another (full time) job. I discussed this with my employer (probably shouldn't have done) and decided not to take it. He now has an issue with the fact that I could have gone in a month when I am so important to the company and wants to formalise things with a contract with a three month's notice period. What rights do I have and what views do people have?

What kind of work do you do? If when you say general dogsbody you mean admin or PA type work I think a three month notice period is unreasonable. The norm is a month.

Yes I'm an admin/marketing/pa type of person. Just general office support really. Have been there eight years so know the business quite well and my employer replies on me quite a lot. I would have thought one month would be the norm but my employer wants to change it because of my role in the company (being the only other employee).

If by 'formalise things with a contract' you mean you don't have one already, then your employer is absolutely right to do that.

However increasing your notice period is a change to your terms and conditions so you can refuse. If your role is fairly low level he would probably be unreasonable to try to insist on a three month notice period.

x-post sorry started drafting that ages ago!

As you've been there so long your employer is required to give you 8 weeks notice. Would you be prepared to commit to giving him the same perhaps? You are not obliged to but could consider that as a compromise to preserve good relations given your employer is obviously recognising what you are worth to him.

A good suggestion Flowery although I'm worried that it might hold me back if I'm ever looking for another job again (if I'm on such a long notice period). I don't already have a contract or any written down terms and conditions. Would I have to accept a contract after all this time?

I don't think 8 weeks rather than a month would put most employers off if they found the right person for their vacancy really. Your employer is now worried that you are actively looking elsewhere and will be off any minute. If you agree to an 8 week notice period you will be sending your employer a message that you do not intend to be off any minute. If you do in fact intend to be off any minute then definitely stick with a month

In terms of your contract, you do have one already, it's just not written down, and it's to everyone's advantage to have it written down as that vastly reduces the chances of a dispute. Plus your employer is obliged to provide you with written details of your t&cs so it's not something you get to 'refuse'.

If he is putting something in the contract that is essentially a new condition of employment, you don't have to automatically accept that though necessarily. Is there something of concern in there?

But what if I don't agree to a different notice period? Actually I've never had a contract written down so I guess my notice period is actually only one week although I've always assumed it's one month? I'm happy to have a contract but really only want a one month notice period. Do I have to sign this new contract/terms and conditions that my employer might give me?

You don't have to accept any changes to your terms and conditions, so if your employer uses the opportunity of a new contract to try and change things, you can refuse to sign and make clear why. If you later resign and give a month's notice rather than the 3 months he's requested he's unlikely to be able to do anything about it.

if your current notice period is a week, a better bet would probably be to try and negotiate instead. Say that you agree that a week isn't long so are happy to agree to give longer notice in the event of your resignation, however you consider a month to be reasonable and usual in a role like yours.