Four employer / contract related questions
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DaFlump
Posts: 11 Forumite
I work in IT and since signing my original contract with my employer 8 years ago my team and I have passed through three further employers as part of TUPE outsourcing agreements.
I am curious to see my employment contract so I raised a request with our HR department to access it. They called my boss to flag up that I'd asked this, and he called me very soon after asking me WHY I needed to see my employment contract.
Then it transpires they don't have it on file and have to write to my original employer 8 years ago to ask if they have a copy.
My questions are:
1) Are employers legally obliged to keep a copy of your employment contract?
2) Was that bad practice/bad disclosure from HR to alert my boss to the fact that I made a request to see my contract? I could have been needing to see it due to a grievance with my boss and assuming the request was going to be handled with discretion (I wasn't, but still).
3) TUPE only protects you on the day of transfer. I've been passed through four employers in total since that original contract was written, when I do get to see it, is it as good as useless now anyway?
4) If yes, why doesn't my current employer hold a copy of the 'live' updated version of the contract? (Which leads back to question 1, is that legal?).
I am curious to see my employment contract so I raised a request with our HR department to access it. They called my boss to flag up that I'd asked this, and he called me very soon after asking me WHY I needed to see my employment contract.
Then it transpires they don't have it on file and have to write to my original employer 8 years ago to ask if they have a copy.
My questions are:
1) Are employers legally obliged to keep a copy of your employment contract?
2) Was that bad practice/bad disclosure from HR to alert my boss to the fact that I made a request to see my contract? I could have been needing to see it due to a grievance with my boss and assuming the request was going to be handled with discretion (I wasn't, but still).
3) TUPE only protects you on the day of transfer. I've been passed through four employers in total since that original contract was written, when I do get to see it, is it as good as useless now anyway?
4) If yes, why doesn't my current employer hold a copy of the 'live' updated version of the contract? (Which leads back to question 1, is that legal?).
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Comments
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I work in IT and since signing my original contract with my employer 8 years ago my team and I have passed through three further employers as part of TUPE outsourcing agreements.
I am curious to see my employment contract so I raised a request with our HR department to access it. They called my boss to flag up that I'd asked this, and he called me very soon after asking me WHY I needed to see my employment contract.
Then it transpires they don't have it on file and have to write to my original employer 8 years ago to ask if they have a copy.
My questions are:
1) Are employers legally obliged to keep a copy of your employment contract?
NO.
2) Was that bad practice/bad disclosure from HR to alert my boss to the fact that I made a request to see my contract? I could have been needing to see it due to a grievance with my boss and assuming the request was going to be handled with discretion (I wasn't, but still).
HR are there for the company not you GOOD practice to alert there may be a trouble maker raising their head
3) TUPE only protects you on the day of transfer. I've been passed through four employers in total since that original contract was written, when I do get to see it, is it as good as useless now anyway?
depends.... bet there have been loads of changes you were happy to not complain about, so anything that transfered like the pay rate through any of those transfers do you want the new condition or the old one?
other things like hours location pension ..........
4)
If yes, why doesn't my current employer hold a copy of the 'live' updated version of the contract? (Which leads back to question 1, is that legal?).
Contracts are more than just the written agreement, they are an accumulation of any changes over time and often a load of other stuff like handbooks.
In practice the main particulars should be written but come about through evolution of changes.
how many people get a complete update every time they get a pay rise?
What you should have done is keep track of your own contract by accumulating the evidence of any changes that were beneficial and rejecting any changes that you were not happy with over each TUPE.
(don't worry most people don't)
you may have marked your card with this direct request.
There is a series of incompetence or calculated neglect.0 -
getmore4less wrote: »you may have marked your card with this direct request.
How silly is that - your employer must find it extremely easy to recruit good new people...0 -
As above no it's not a legal requirement.
Some things in your contract will have changed, others won't. It's hard to say without knowing what's happened and what you want to know.HR are there for the company not you GOOD practice to alert there may be a trouble maker raising their head
People ask to see copies of the contracts often and for all sorts of reasons. HR departments don't keep copies in my experience, and it's much more likely that a manager will have a copy in the individual's file, which is why they will have asked the manager.“I could see that, if not actually disgruntled, he was far from being gruntled.” - P.G. Wodehouse0 -
People ask to see copies of the contracts often and for all sorts of reasons. HR departments don't keep copies in my experience, and it's much more likely that a manager will have a copy in the individual's file, which is why they will have asked the manager.
seriously? what sort of cowboy places have you worked?
Every employer I have worked for that had proper approach to employment law the contractual employment stuff was centralized not in the hands of multiple managers.
The real issue for the op is that multiple TUPE and none asked for the contracts of employment or liabilities they were taking on(that the last will admit too).
standard due diligence includes this stuff....
I suspect there is more to this the OP does not know about YET.0 -
getmore4less wrote: »seriously? what sort of cowboy places have you worked?
Every employer I have worked for that had proper approach to employment law the contractual employment stuff was centralized not in the hands of multiple managers.
The real issue for the op is that multiple TUPE and none asked for the contracts of employment or liabilities they were taking on(that the last will admit too).
standard due diligence includes this stuff....
I suspect there is more to this the OP does not know about YET.
Small businesses, FTSE100, public, private... I don't think any of them the HR department kept copies of contracts. Maybe it's just where I've worked, I don't know.
I suspect you're right that it's gone missing during TUPE transfers.“I could see that, if not actually disgruntled, he was far from being gruntled.” - P.G. Wodehouse0
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