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Nicola-mod
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Category: Employment Law
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I have received my (NEW) Contract from my employer which they

Customer Question

I have received my (NEW) Contract from my employer which they are requesting to be returned signed. I have worked for them since July 2010 and this is the 1st official contract I have ever received - normally I have received email agreements about my working. My question is there are a number of things within the contract I'm not happy with and I just want to know where I stand if I refuse to sign. It's a 12page document and as usual bombarded with a lot of jargon hoping that I will gloss over it. I just want to know where I stand.
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. What specific parts do you not agree with? Do they differ from what has normally applied in your employment relationship to date?

Customer:

Good Afternoon Ben,

Ben Jones :

thanks for the contract but could you please also answer my queries above, thanks

Customer:

Thank you for responding. I have attached a copy of the NEW employment contract I received via email on Friday 8th Aug14. I have worked for TUKsystems since July 2010 and this is the 1st official contract I have ever had form them. I worked a 4day week until last November13, I had on numerous occasions requested a pay rise and have/was always told funds not available etc.... the only way to see an increase in salary was I had to start working on Fridays which I agreed. TUKsystems falls within a group of companies owned by my direct employer and his family. The own optician shops, nursing homes, properties along with various interests. I have been asked in the past to help out at his wife's opticians shop when they were short staffed - I had to in the end state that I was not going to do it any-more because every time they were short staffed I got a call. I told my direct boss I was not happy with it and that it was unfair to ask me it was not my problem. I have in the past also been given a small amount of admin work for the nursing home. My salary is paid by TUKsystems. Within the contract no3: ref 3.1 the company may from time to time request i may be required to do duties for other associated or group companies - NOT A CHANCE,,, This to me is just a cop out pile more work onto me while still pay me the same low salary as it will be classed as working for the group of companies. No4: (4.1)Altering my working hours as necessary; do they not have to give me some notice of when this would take effect? (4.2): Overtime not paid, OK witth this as it's always been this way - but I want the time-back stated. No17: (17.2) I am at present looking for alternative employment why do I have to provide them with "the schedule" am I not free to seek employment of my own volition - what does continuance in force of any restrictions set out mean????? No19: Should the grievance policy not be automatically be availbe to me without having to ask for it. No21: (21.1) Period of Notice: 6weeks no way considering my job description says my role is Office Assistant implies I have a manager within the office I'm answerable to - thsi I don't have, there is only me expected to do everything. 4weeks is about normal notice and I have no problem with given this time. No26: I do not agree with the company holding or processing personal data electronically or manually about me once I have left the company and only data that relates to my employment. No28: Serverability (baffled please help) I apologise in advance I not meaning to be picky but I have already made issue and complaint about the levels of work I have on board, and just feel that if I sign this contract they can just dump anything they want on me and they will ....... and I have no recourse as I agreed by signing. I enjoy my work. The work I under take at present and WITHOUT help, creation of Purchase & Sale invoices, Nominal Ledger Journals Stock & Warehouse, telephones, customer services, all banking & reconciliations, HMRC Vat, accts entries on to accounting SW package, deliveries: incoming and outgoing, loading/unloading of stock, stock checks, preparation of yr end accounts plus anything else thrown my way and these tasks are all undertaken by me alone. By the office ASSISTANT, I would like to know know where my help is. Please advise or let me know if I'm within my rights to request that they re-issue a contract that: 1) reflects the work I actually do 2) If they don't issue a new contract - what can they do if I refuse to sigh, can the sack me?

Customer:

Hi Ben,

Customer:

I have never had an official contract of employment since I started to work for TUKsys. It would start with me making a complaint about the level of work, my working conditions an arrangement to meet and discuss said complaint would be arranged - discussion - followed up with an mail of bullet points agreeing what my tasks would be after. My main issue Is with regards ***** ***** as in point 3 (3.1); as my boss has various business interests, I have been asked in the past to undertake work for one or other of these companies, I have and was told we are a small company and all have to pull together. If the business is to succeed. I just know knowing how they work they will give me work on occasion and expect me to do it along with keeping on top of my work for TUKsys with no additional pay or time back for this. This If I refuse to do they will take as me not cooperating and can issue me with a disciplinary warning against me. I'm not afraid of hard work Ben - I enjoy my work I just want to be treated fairly and paid fairly for the work I do. Marie :)

Customer:

Also Ben the New contract I received on Friday 8th Aug is dated: 3.1.14, I have not received a version of this before Friday. The main concern is I have a vast amount of work within the role I do on a daily basis for TUKsys and have in the past refused to go help his wife out at her practice (2hrs) away from my home and that didn't go down well, she didn't like it when I told her I wasn't doing it again. When I refuse to do certain things they are not happy - I'm just supposed to go along with everything. I have already made a complaint my boss wife at the extreme rudeness she shows me - but the problem is Its a family company so I told her daughter..... don't think it went down well. If I sign the contract I worried if I refuse to do things I will be told I have to do it as I signed the contract therefore they can dump anything on me, and they will.

Expert:  Nicola-mod replied 2 years ago.
Hello,
It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you with your question, but sometimes finding the right professional can take a little longer than expected.
I wonder whether you're OK with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 2 years ago.

Hi Nicola, I will wait as I just need to know where I stand with regards ***** ***** signing the contract. Apologies for such a long winded mail as above. No contract ever been received, relationship with employer has always been OK when I have in the past told them I was not doing something ..... it's not that they have told me off they have implied that I'm not willing to be cooperative. Agreement is reach that certain aspects of my workload I will not do anymore but this never lasts for long. Please advise when you can. Marie

Expert:  Nicola-mod replied 2 years ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Customer: replied 2 years ago.

Thank you Nicola

Expert:  Nicola-mod replied 2 years ago.
Hello,
I apologise as we have not yet been able to find a Professional to assist you. Do you wish for me to continue to search for someone to assist you or would you like for us to close your question at this time?
Thank you for your patience,
Nicola
Expert:  Nicola-mod replied 2 years ago.
Hello,
Please understand it is rare for us not to be able to find the right Professional to assist our customers. We can close this question and return your good faith deposit to the original funding source on request.
Please let me know how you wish to proceed and again I apologize for any inconvenience this may have caused.
I hope you will give JustAnswer a try again in the future,
Nicola
Customer: replied 2 years ago.

Please close the case and refund my deposit as I have to reply tomorrow

Marie

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