New contract

Melleni03

Hi all,
Hope you’re all well. I am after some advice.
I have been in my current job since October 2017 and signed a permanent contract at the time.
I have just been given a new contract which states ‘Your employment with us commenced on 07/01/19 no previous employment with us or any other employer counts as part of your period of continuous employment’.
Whilst I have done only 14 months with this company there are 6 employees. One with 3 weeks, another with 14 months, 2 with 5 years and another with 18 years. If we were made redundant, after signing this we would not be entitled to any compensation (I understand that my length of service is too short anyway).
Is this legal?
There was no consultation.
Many thanks,
Melleni03

Comms69

Have you asked them why the date is incorrect?

getmore4less

Raise the issue, if they claim it is correct expect further issues.

Keep every think you have to prove you have continued employment.

Payslips are good, and any other records like time sheets.

Melleni03

Comms69, that’s an interesting comment.
In a meeting last Tuesday 4th, I was told this was my new contract and it started on this date.
Are you saying that the date should be the date my employment commenced?
Many thanks.

getmore4less

The new contract can say when it started but should not say there is no continuous employment

Melleni03

Thank you for your advice, that’s amazing.

Masomnia

I would just politely point out that while the contract has that date it should it not state that your start date is x? If it came to a dispute in future there is no break in service so you you might have to fight a bit more for your rights. As others have said, keep everything.

antrobus

Melleni03 wrote: »

...
....
I have just been given a new contract which states ‘Your employment with us commenced on 07/01/19 no previous employment with us or any other employer counts as part of your period of continuous employment’.
.....

Given that is now 10/12/18 the use of the past tense is somewhat strange. Perhaps it would be hoping too much that these idiots have sent you this new contract in some dated communication?

Anyway, you have been put on notice that you are employed by idiots. They may well be up to something. Start putting together a file of everything you have relating to this employment; offer letter, original contract, payslips whatever. I'd even go to the trouble of, for example, printing out any emails they sent in say, November 2017.

Melleni03

Many thanks Masomnia.
I think I will have a quiet word with them tomorrow.

Melleni03

Antrobus,
My managers instructed a HR company to ensure they were complying with the correct procedures and practices.
My new contract has been signed by both of them and dated 4/12/18. They aren’t really paperwork savvy (I’m their GDPR officer, as they didn’t understand it). I think they genuinely have no idea...I guess they have paid this HR company handsomely for there advice but it’s all a bit bizarre. At the same time I was given a pay rise, so I think they are just a bit naive about paperwork.
Thank you for your help.

[Deleted User]

Not that it should make a difference, was that date discrepancy anything to do with the passing of company probation.

I started a new job last month and my probation is up in Feb at 3 months - and only then will I start to have pension contribution taken and become a 'confirmed to the role employee' - it is also not the first time I've started a job and had to wait until probation is deemed as passed for pension contribution to happen - I've worked for other companies that immediately got pension set up but others do seem to be able to sit it out 3 months conveniently... I'm fascinated as to how some businesses are able to get round it but could it be some companies don't have to acknowledge you officially as employee until that first pension contribution, as mad as it sounds.