Can my employer sack me if I refuse to sign contract?

[emmskelv]

Hi
I have been working at this company for 4 years and un that time none of us was given a contract not even a written statement.
Now my boss has given us a contract which I had checked by Citizen Advice Bureau they told me not to sign it as certain conditions needed changing I pointed this out to my employer who seemed to think what she put in the contract was right. I told her I am not happy and have been given legal advice she started to get annoyed and said its a simple contract for my benefit but it's not she then said I will see what I can change and if it comes to it she will seek advice as to what course of action is required if a staff me member does not sign the contract.
I am worried now that I might be sacked. All other staff are not signing it either.

no she cant sack you for this

Hi, OP - I don't know the answer to your question (she says unhelpfully) - but your employer was in breach of employment law by failing to provide a statement of your terms within two months of you joining.

I wonder if this gives you any mileage?

FYI - the info that would have to be given in the statement of terms would be:

• The names of the employer and employee.

• The date the employment starts.

• Pay (or method of calculating it) and interval of payment.

• Hours of work.

• Holiday entitlement and holiday pay.

• The employee's job title or a brief description of the work.

• Place of work.

If you knew who you were working for, how much you were being paid and when and how, when you started work, whether it was permanent or temporary, holiday days and where you were working - then that is a contract.

If you agree those and continue to work, then that constitutes you accepting the contract.

If she issues a new one, and you continue to work under it, then that constitutes you accepting the new contract. You do not have to sign it.

A course of action would be to not work under those conditions. But then you might get sacked for not turning up.

So - how do you want to play it? What terms has she put in that you disagree with?

OP won't be deemed to have accepted the new contract if she continues to work provided she continues to work 'under protest'- ie provided she makes it clear (in writing) that she is not agreeing to the change in her terms, notwithstanding her decision to continue in work, she will not be implied to have agreed to the change in terms

A simple letter giving the terms of employment constitutes a contract - or at least that is what I was told.

Our contract looks horrible on paper - agreeing to break the European working hours directive if required, no sick pay etc. etc. But in reality it is a back-up for us if anyone takes the p*, and people are treated very fairly - even generously.

What are the specific points that concern you OP?

Your terms and conditions are already established so a contract which confirms these is a good thing. Where it's not a good thing is if your employer is attempting to change established terms by putting new ones in writing.

I would suggest you write back to her saying you are happy to sign a contract reflecting the terms and conditions you have been working under for the previous 4 years however are not prepared to consent to changes in these terms. You could highlight which terms in the contract are different/new. If you would be prepared to agree some of them, you could say so, so that you are being reasonable.

It's not quite as simple as "put it in writing that you're working under protest and you won't be deemed to have accepted the terms", although if you want to carry on working you should do that anyway.

What is unacceptable about the new contract? Does it actually break employment law or is it legal but unattractive? Does it constitute a change from the conditions you've had over the last 4 years?

Hi all. Sorry to hijack this a bit but I'm in a very similar situation. I have been working without a written contract for 6 years, and now my employer wants to provide one. However, the new contract comes with a new job description and increased responsibilities and differs wildly from what I consider to be my current verbal contract. I have only briefly seen the new job description and have disagreed with the scope of the new role as I think it is a full time post and I am only half time. Also, the new contract, which I have not seen, takes away the very flexible working arrangement I have and imposes a more rigid one that I do not want.

my main concerns are the massively increased work load and that I will be responsible for mentoring an apprentice. I know I won't have time to do either properly, but I am being told that I can accept it or leave (this has been strongly insinuated, but not actually verbalised), and that I can offload the more routine tasks onto the apprentice!

I'm trying to see things from both sides, but feel I am completely backed into a corner with no support from anywhere. Im wondering if joining a union would help, but we're a small organisation and its unheard of for staff to be in, or use a union for support.

I'd be very grateful for any thoughts, advice or guidance with this.

TIA.