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Changing Contracts


Dennie
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I am currently studying for the EYPS. My setting are in the process of redoing everyone's contracts. At the moment our contracts require that we all give one month's notice. It has been suggested that anyone receiving training would now need to remain at the current setting for 12 months after the training has been completed or pay back course fees/wages. Although I am not moving on to another job at present I am worried about the prospect of having to give 12 months notice as it is possible that my family could be moving abroad due to my husband's own job sending him overseas. Can my setting do this if those of us beginning training did not sign anything referring to this before commencing our courses? I mean can they bring in changes retrospectively?

 

Thanks

 

Dennis

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Hi

We do this and have done for a few years now.

 

It works well in ensuring staff arn't using the setting as a 'stepping stone'

 

We put in a clause that if you leave before the year after is complete you have to pay a perportion back. However there is also a bit that states repayment of such moneys may not need to be paid back to the setting in certain circumstances and this will be decided at the managers discretion. This would mean if you moved area etc the manager could waiver the amount owed.

 

Let me know if you want more details.

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I don't see a problem with this being in the contract if one is aware of this before beginning ta cours, but my issue is the company trying to bring it in retrospectively. Had I known this then colleagues and I might not have begun our courses in the first place. So my issue is can it be applied retrospectively and what if I have no choice but to relocate abroad?

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best try ACAS and see if they can answer the question...

 

my thought was how could you implement it.. as an example

 

I had staff walk out mid shift never to return.. even with a contract and 6 working weeks notice.. I had no way of doing anything about it...

 

so on leaving how would they try to get the money back.. and would it be seen as fair if it was not really your choice but family circumstances.. as we all know even going via small claims court you hardly ever see any of the money despite being awarded it.. and would they uphold it if there were extenuating circumstances..

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I will try ACAS thanks. EYPS isn't even a necessity or stepping stone for me as I've already got QTS and I had my arm twisted to do EYPS as they wanted a graduate in the setting to get the status... and the status is being phased out in any case. I've been at my setting for about 9 years so I feel disappointed that about the possible changes.

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Apparently if it is a significant change to your contract (and i would class this as that) then they have to give you 3 months notice and there are other factors that they have to take in to account (def ring acas and don't sign new contract until you have the right info!!)

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Just been reading up on the subject and if you don't agree with contract you have to put it in writing and say you are working to former contract. Employee and employer then have to negotiate new contract so nothing can be changed immediately without discussion.

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As soon as you tell your employers what you've learnt, I'm sure they'll see the sense in allowing you to continue with the EYP, if thats what you both wish, and stick to the one month notice. I'm sure they probably know all this anyway, but some do try it on in the hope the staff will just go with the flow. :ph34r:

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