Another employment law question. Help please.

hans kraay fan club · Jul 18, 2016

Good evening, all knowing NSC

A quick question on behalf of my lovely wife...

She has held the same part-time (16 hours) job, as a pre-school teacher, for some 11 years - the position offered and agreed in writing, as 'a permanent contract of employment'.

She (and all her colleagues) have just received a letter, 'Confirmation of staffing arrangements for September 2016', which lists her hours of work (the same hours as now) but with the following clause added; "These hours are for the academic year and will be reviewed annually in line with operational needs".

The letter ends with a reply slip, requesting a signature against "I acknowledge receipt of the above and agree to the amendments to my terms and conditions of employment".

Is this legal? Does the employer have the right to impose a fixed term contract, on an employee with a permanent contract in place?

Presumably, in the event that she did agree to it, and hypothetically they chose not to offer her any hours the following year, then it would simply be a case of not renewing a now annual contract - with no redundancy pay or similar for her 11+ years of commitment.

Any thoughts?

Cheers all

studio150 · Jul 19, 2016

hans kraay fan club said:
Good evening, all knowing NSC

A quick question on behalf of my lovely wife...

She has held the same part-time (16 hours) job, as a pre-school teacher, for some 11 years - the position offered and agreed in writing, as 'a permanent contract of employment'.

She (and all her colleagues) have just received a letter, 'Confirmation of staffing arrangements for September 2016', which lists her hours of work (the same hours as now) but with the following clause added; "These hours are for the academic year and will be reviewed annually in line with operational needs".

The letter ends with a reply slip, requesting a signature against "I acknowledge receipt of the above and agree to the amendments to my terms and conditions of employment".

Is this legal? Does the employer have the right to impose a fixed term contract, on an employee with a permanent contract in place?

Presumably, in the event that she did agree to it, and hypothetically they chose not to offer her any hours the following year, then it would simply be a case of not renewing a now annual contract - with no redundancy pay or similar for her 11+ years of commitment.

Any thoughts?

Cheers all

I would start with a visit to the Acas webpages, where you should find an informative leaflet on varying an employment contract. This gives a good insight into what needs to be done.

The main aspect is that a contract can only be amended if both employer and employee agree (although collective agreement is permitted).

At this stage the main thing is not to sign the letter confirming agreement to the changes.

drew · Jul 19, 2016

studio150 said:
I would start with a visit to the Acas webpages, where you should find an informative leaflet on varying an employment contract. This gives a good insight into what needs to be done.

The main aspect is that a contract can only be amended if both employer and employee agree (although collective agreement is permitted).

At this stage the main thing is not to sign the letter confirming agreement to the changes.

Definitely get some advice from as many sources as possible. ACAS, CAB etc. It might even be worth the investment in speaking to an employment lawyer.

I suspect at some point someone will need to ask the school why they have introduced that clause?

hans kraay fan club · Jul 19, 2016

drew said:
Definitely get some advice from as many sources as possible. ACAS, CAB etc. It might even be worth the investment in speaking to an employment lawyer.

I suspect at some point someone will need to ask the school why they have introduced that clause?

We know why they have introduced it. The have a low intake of kids for next year, and are presumably worried that if that continues, they'd not have the income to cover staffing costs of the contracted workers. They are not bad people, and I'm sure it's not the intention to dispense with anyone, but they seem to be trying to mitigate against potential lower revenues.

Goldstone1976 · Jul 19, 2016

hans kraay fan club said:
Good evening, all knowing NSC

A quick question on behalf of my lovely wife...

She has held the same part-time (16 hours) job, as a pre-school teacher, for some 11 years - the position offered and agreed in writing, as 'a permanent contract of employment'.

She (and all her colleagues) have just received a letter, 'Confirmation of staffing arrangements for September 2016', which lists her hours of work (the same hours as now) but with the following clause added; "These hours are for the academic year and will be reviewed annually in line with operational needs".

The letter ends with a reply slip, requesting a signature against "I acknowledge receipt of the above and agree to the amendments to my terms and conditions of employment".

Is this legal? Does the employer have the right to impose a fixed term contract, on an employee with a permanent contract in place?

Presumably, in the event that she did agree to it, and hypothetically they chose not to offer her any hours the following year, then it would simply be a case of not renewing a now annual contract - with no redundancy pay or similar for her 11+ years of commitment.

Any thoughts?

Cheers all

Unless there is something special about school contracts (there may be, but I don't believe there is) or this is something that her Union has negotiated (but she'd know that, Shirley?), it's not legal to unilaterally change an employee's contract, UNLESS her existing contract gives the employer the right to change specific terms without the employee's consent - hours may be one such change that could be made, but only if her existing contract says they can do so.

So...

1. Read existing contract and staff handbook
2. Talk to Union
3. Talk to CAB/ ACAS
4. Talk to employer's HR people.

In the interim, don't sign it.

If they want to change the terms that fundamentally (assuming none of the above is true), I think the only legitimate way without her consent would be to make her redundant and re-employ on the new terms (if she accepted the new contract). Would be tough to make a case for redundancy if they want to employ her for at least a year on the same hours...

I suspect they're trying it on.

All imo, ofc.

Chicken Run · Jul 19, 2016

Another idea might be to seek advice from an employment law solicitor no? An considering the gravity of the situation, "that will cost money" is no excuse.

Publius Ovidius · Jul 19, 2016

Just spoke to the Mrs who has similar contract with brighton and hove and although that bit is not on her contract, it is implied that hours will be cut, or increased where applicable.

This happens at most schools who of course are never sure of intake, especially in early years. In our area, one school is "full" whereas the others in the area are suffering and could cut a whole class and the staff. This has happened before as the school has 3 reception classes, with up to 30 per class...if this falls to under 60 then there will only be two classes and staff will be either relocated through the school, or made redundant unfortunately.

One of the consequences of brexit, according to the local union reps is that school places will fall and teachers and staff will go. They are arguing that by having a lower intake, that will spread the kids over existing classes so allowing smaller classes and more time for individual pupils.....trouble is budgets are so tight that schools cannot afford to keep teachers on and that is why there is such a turnover of staff and NQTs( newly qualified teachers) are being employed rather than experiences teachers who are expensive in comparison. The argument about ring fencing education spending is very thin and the funding of schools is really a dark art! Sometimes as a governor, you learn things that turn your hair white

beorhthelm · Jul 19, 2016

hans kraay fan club said:
Presumably, in the event that she did agree to it, and hypothetically they chose not to offer her any hours the following year, then it would simply be a case of not renewing a now annual contract - with no redundancy pay or similar for her 11+ years of commitment.

take proper advise of course, but my understanding is that you cant avoid redundancy payments retrospectivly, you've done x number of years on permenant contract terms. only if you start on a rolling 1/2 year contract can redundancy be avoided,

Machiavelli · Jul 19, 2016

There's good advice here, but I think it's worth reiterating to join or consult a union.

Westdene Seagull · Jul 19, 2016

PM sent - worth a quick chat with Fiona / Matthew.

hans kraay fan club · Jul 19, 2016

Thanks all. She's going to talk to her boss this morning for some clarification, before considering it. However that conversation goes, I've told her under no circumstances to sign it today.

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Another employment law question. Help please.

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