new contract- continuous employment?

Shelldean

Son started worked in June 2013 as an apprentice.
His first contact states a start date of July 2013, so allowing for one months probation.

Then today he has come home with a new contact.
On the new contract his job title is trainee rather than apprentice, so a job change.
It also has a new start date of 28/2/2015.
But the next clause states "the employment is not continuous with any previous employment "

This clause concerns me, as I feel his 20 months previous service will not be considered should he be dismissed or made redundant. I am aware he still has few rights as he has yet to complete two years of service as he started after 2012 (after the law changed from one yrs service to two yrs)

But if he has to restart his employment is wrong I believe.

Am I right to be concerned????

LittleVoice

Shelldean wrote: »

Son started worked in June 2013 as an apprentice.
His first contact states a start date of July 2013, so allowing for one months probation.

Then today he has come home with a new contact.
On the new contract his job title is trainee rather than apprentice, so a job change.
It also has a new start date of 28/2/2015.
But the next clause states "the employment is not continuous with any previous employment "

This clause concerns me, as I feel his 20 months previous service will not be considered should he be dismissed or made redundant. I am aware he still has few rights as he has yet to complete two years of service as he started after 2012 (after the law changed from one yrs service to two yrs)

But if he has to restart his employment is wrong I believe.

Am I right to be concerned????

If being an apprentice counts as being an employee (which I think it does), then unless he had a break of a week (to include two Saturdays, so actually 8 days minimum), his employment began on whatever date it was in June. "Probationary period" has nothing to do with whether or not he was an employee or continuous employment.


Does he have a letter giving the June date as when he would start work there? Was he paid for the period in June?

Shelldean

Yes he was paid. Don't think he has any letters giving June as his actual start date. I dug out his original contract which states 17 July but upon closer inspection is date 17 June and signed by boss. And his first pay slip is dated end of June. Paid weekly a week in hand so that correct too.

Shelldean

Son went into work today spoke with boss.
Who said he'd deal with later he then got a text msg saying


The bit on the contract regarding continuous previous employment is if you've left the company and then come back at a later however I have amended the first few pages of the contract to say it's a new employee agreement.



Now I just don't get that.
He hasn't left the company he's worked continually since starting 2013.
And why would he need a new employee contract when he's not a new employee?

I have told him to just ask them to remove the clause altogether. But I simply don't know if that was the right advice?

mariefab

Seriously, I wouldn't worry about it much. It just sounds like the Company are a bit clueless when it comes to their paperwork and they might not appreciate that being called into question by an apprentice/trainee.


The only time it would matter would be if he needed to prove his continuous employment and, as long as they haven't made him take a break of at least a week betweeen the 2 contracts, his payslips would be sufficient to establish that.


The clause they added stating, "the employment is not continuous with any previous employment " isn't effective.
A statement added to a contract cannot override the law.

patman99

At a pinch, I'd say that, given the date on his original contract signed when he was an apprentice, he would have enough evidence to prove continuous service should he ever find himself made redundant.

General_Grant

Shelldean wrote: »

Son went into work today spoke with boss.
Who said he'd deal with later he then got a text msg saying


The bit on the contract regarding continuous previous employment is if you've left the company and then come back at a later however I have amended the first few pages of the contract to say it's a new employee agreement.



Now I just don't get that.
He hasn't left the company he's worked continually since starting 2013.
And why would he need a new employee contract when he's not a new employee?

I have told him to just ask them to remove the clause altogether. But I simply don't know if that was the right advice?

Nothing wrong with issuing new written particulars of employment when things have changed in any way, including, for example, if the rate of pay has changed (which I'd expect it will have done).

One of the requirements for written particulars is that they mention the start date of employment, including reference to continuation of employment. So they are not wrong to include the comment as such it is just that they got it wrong in fact!

I'd just keep all paperwork so that you can prove actual start date if that ever becomes necessary.