In reply to Phil Payne:
"Our normal hours of work are from 08.30 to 17.30 Monday through to Friday (40 hours per week), with a 60 minute lunch break. However, due to the nature of the business which we are supporting, you must be prepared to work shift duties and additional hours when requested by the Company, without additional remuneration, in order to meet the requirements of the business and to ensure the proper performance of your duties. For the avoidance of doubt this may include Saturdays, Sundays and public holidays."
Mine has a similar meaning to that with the exception that it leaves it a bit more open and we have a long standing (but non contractual) arrangement that a lieu day is offered on the rare instance of a full day needing to be worked at the weekend. Evening overtime is a bit of an "as required" thing and doesn't attract payment nor lieu time, but it doesn't happen very often.
I would ask the company their intention on the clause, personally - it reads much more as "this will happen" than ours which is more of an "if we need it" situation, and our lot don't need it often. If they are reasonable to me (they are, very much so) I will be reasonable back
"Due to the inherent uncertainty of circumstances within the industry, situations can arise where the Company has excess capacity (for example, reduced business activity). If the Company is required to reduce activity levels for any reason, it is a condition of this job offer that you agree and accept the right of the Company, at its sole discretion, to give you compulsory unpaid leave for the duration of the period the Company considers as excess capacity. The Company will give you as much notice of this eventuality as is reasonably practicable. In accordance with the Employment Rights Act 1996 you will be given the statutory minimum payment applicable (known as the ‘guarantee payment’). For the avoidance of doubt no claim for further payment can be made."
I would have a big concern about that, but maybe it's more common on new contracts. I would be very wary of signing that one.
What is the industry? IT consulting can be like that, but I've always had full pay when "on the bench" (though that's only happened for a week and only once ever).
"You hereby authorize the Company to deduct from your pay (including holiday pay, bonus and pay in lieu of notice) any amounts which are owed by you to the Company, which for the avoidance of doubt would include but is not limited to any overpayments, monies for staff car parking (following the issue of a parking permit), the provision of your uniform, outstanding training bond and the provision of new or replacement ID cards."
Pretty sure mine has that but without the examples listed, just the first bit. Very common in principle. ID cards seems a bit odd, though. Whether uniform is provided free or not depends I think on the industry.
"Period of Employment Period of Notice
Up to four weeks Nil
Between four weeks and two years One week
Between two years and twelve years One week for each complete year
Over twelve years Twelve weeks"
I have a feeling those might be statutory minima.
Neil