Deputy manager refusing to sign new contract

[Miacat3]

Hi. I was wondering if anyone has had a situation where a member of staff has refused to sign a new contract. The committee are in process of updating job descriptions and contracts for all staff in preschool as they haven't be updated since before I started work at the setting over 3 years ago. The committee are trying to sort them out and have asked all staff to write a list of all different things that they do in their job on a day to day basis.

Our job descriptions are very basic and do not go into great detail about what is expected of staff so the committee are wanting to sort this but deputy refusing to see this as a good thing and made a comment today of it doesn't say in my contract that I have to be in work for 8.25 so they can't make me. Contracts at moment list hours of work from 8.40 - 3.30 but we have been getting paid from 8.30 for last few months.

Committee are changing contracts to show new working hours from 8.25 which I told Deputy today. She turned around and said they can put what they want but I have to sign it. So where do we stand legally if she refuses to sign as the committee are talking about increasing the hours of the Deputy to full time hours as she works a half day on two days of the week and if she is being arsey about having to come in 15 mins early I have a feeling it could all kick off when they ask her to go full time. If she refuses where do we stand legally?

[Guest SamG]

This is a link to a leaflet from ACAS about changing contracts. It may help x

 

http://www.acas.org.uk/media/pdf/8/6/Varying-a-contract-of-employment-accessible-version.pdf

[Miacat3]

Thanks for getting back to me so quickly. Will go and read it now.

[Stargrower]

This isn't really what you're asking about but I'd be wary of making job descriptions too detailed and listing everything the staff do. You can't cover every single thing and it could result in someone objecting to doing something like washing up the snack cups because it isn't listed in their job description. Job descriptions do need to be clear but be careful! :huh:

[Mouseketeer]

Thanks for the link SamG will be interested to read it, Remember one of my staff moaning about something minor she'd been asked to do not being in her contract....my reply was "nor is turning up 5 mins late most mornings but you're happy to do it" ....her jaw nearly dropped through the floor

[Fredbear]

I agree with Beehive, not to make them so descriptive, as this offers you no flexibility within them.

Ours state something like your hours will be ........... But you maybe required to work different hours depending on the needs of the business.

I will look today at work and see what it actually states and let you know exactly.

[SueJ]

The job description for my staff team has 3 headings

 

Reporting relationships - who reports to who

Purpose of the job - just the key stuff

Main duties and tasks - a bit more detail about the role but no too prescriptive

 

All job descriptions end with

 

"To be flexible with the working practices of the setting and undertake other roles within the scope, spirit and purpose of the job description."

 

This is quite a handy rider picked up on a recruitment cpd event which effectively says that whilst what I ask may someone to do might not be in their job description provided it is reasonable and necessary then there is no good reason why that someone shouldn't do it.

 

Hope that helps

[Miacat3]

Thank you guys for all the advice. Did feel like responsing to her comment that my contract doesn't say I have to spend the half term painting the store room to make an office where they staff can sit in comfort to do their child's LJ files or that it doesn't say in my contract that I should weed the weeds out from the side of the path to the building that all the parents walk up. Two of my staff are wonderful and do everything I ask and more. But the Deputy and another member of staff who is her friend out of work drive me insane and the other two staff insane!

[lynned55]

just because it isn't written into your contract doesn't mean it isn't so. I cant recall the exact wording but it is something like a terms of a contract do not always have to be written.

 

Taken from my contract

 

30. Change to terms and conditions

xxxxxx PRESCHOOL reserves the right to make reasonable changes to these terms and conditions upon giving a minimum of one month's notice.

 

Taken from Job Description:

 

· To be flexible with the working practices of the pre-school, to be prepared to help when pre-school may be short staffed or any other reasonable duties as specified by pre-school supervisor.

ALSO

 

This job description is not an exhaustive list of duties and the post holder will be required to undertake any other reasonable duties discussed and directed by the line manager.