Employment contract

Rajix

Good morning, I'm looking for some advice and information on employment contracts. I had my original work contract and terms issued in 2014, in 2016 I changed roles within the company on secondment and my terms changed, a letter was issued stating the changes. In 2018 the secondment ended and the business decided to create a new role matching the secondment conditions. I took that role up and was issued a new contract with all new terms. I've had recent discussions with my line manager and they tell me that the contract issued in 2018 isn't valid and that my terms are from the 2014 contract. This must be nonsense, the Job titles are totally different and so are the hours yet he is adamant the valid contract of employment is from 2014. Surely he is wrong and the valid contract of employment is the one I have from 2018? Both I and the business have signed it and I have nothing in my HR online portal to say the terms have changed since...

Marcon

Rajix said:

Good morning, I'm looking for some advice and information on employment contracts. I had my original work contract and terms issued in 2014, in 2016 I changed roles within the company on secondment and my terms changed, a letter was issued stating the changes. In 2018 the secondment ended and the business decided to create a new role matching the secondment conditions. I took that role up and was issued a new contract with all new terms. I've had recent discussions with my line manager and they tell me that the contract issued in 2018 isn't valid and that my terms are from the 2014 contract. This must be nonsense, the Job titles are totally different and so are the hours yet he is adamant the valid contract of employment is from 2014. Surely he is wrong and the valid contract of employment is the one I have from 2018? Both I and the business have signed it and I have nothing in my HR online portal to say the terms have changed since...

Without seeing both contracts, it's impossible to comment other than to suggest you ask your line manager exactly why the 2018 contract 'isn't valid'. Once that information is available, you've got something concrete to challenge.

Martin_the_Unjust

……don’t all employment contracts include the phrase ‘and any other duties as required’ or similar?

DullGreyGuy

May be easier to also clarify why contract discussions have come up... presumably you've handed your notice or tried to book extra holiday and there is a dispute on your notice period or entitlement or something

Rajix

Martin_the_Unjust said:

……don’t all employment contracts include the phrase ‘and any other duties as required’ or similar?

yeah thats true most do say that but the 2 roles are in totally different parts of the business - One is shift based, 12 hours 4 on 4 off and my current role is Monday-Friday 9-5 - The pay is totally different too. The 2 contracts are different in every way, right down to holiday entitlement. 

Rajix

Marcon said:

Rajix said:

Good morning, I'm looking for some advice and information on employment contracts. I had my original work contract and terms issued in 2014, in 2016 I changed roles within the company on secondment and my terms changed, a letter was issued stating the changes. In 2018 the secondment ended and the business decided to create a new role matching the secondment conditions. I took that role up and was issued a new contract with all new terms. I've had recent discussions with my line manager and they tell me that the contract issued in 2018 isn't valid and that my terms are from the 2014 contract. This must be nonsense, the Job titles are totally different and so are the hours yet he is adamant the valid contract of employment is from 2014. Surely he is wrong and the valid contract of employment is the one I have from 2018? Both I and the business have signed it and I have nothing in my HR online portal to say the terms have changed since...

Without seeing both contracts, it's impossible to comment other than to suggest you ask your line manager exactly why the 2018 contract 'isn't valid'. Once that information is available, you've got something concrete to challenge.

Thanks - I'll have to put in a meeting and find out

Undervalued

Martin_the_Unjust said:

……don’t all employment contracts include the phrase ‘and any other duties as required’ or similar?

Virtually all but usually with the word "reasonable" somewhere!

Even if it is not specifically spelt out it would normally be considered an implied duty.

Rajix

DullGreyGuy said:

May be easier to also clarify why contract discussions have come up... presumably you've handed your notice or tried to book extra holiday and there is a dispute on your notice period or entitlement or something

The business is looking to merge or create a new role incorporating my responsibility's as well as adding vastly more. I'm looking to see if I'm able to enter redundancy negotiations or what my options are if my terms and job role are to be changed.

General_Grant

Depends what they mean by "not valid".
The 2014 contract will be valid as far as confirming the start date of your employment - and that date should be shown on the 2018 document too.
And your statutory notice period would be based on the 2014 start date even if notice periods are different between the two contract documents.  (Contractual notice would apply if longer than statutory.)

Marcon

Rajix said:

Marcon said:

Rajix said:

Good morning, I'm looking for some advice and information on employment contracts. I had my original work contract and terms issued in 2014, in 2016 I changed roles within the company on secondment and my terms changed, a letter was issued stating the changes. In 2018 the secondment ended and the business decided to create a new role matching the secondment conditions. I took that role up and was issued a new contract with all new terms. I've had recent discussions with my line manager and they tell me that the contract issued in 2018 isn't valid and that my terms are from the 2014 contract. This must be nonsense, the Job titles are totally different and so are the hours yet he is adamant the valid contract of employment is from 2014. Surely he is wrong and the valid contract of employment is the one I have from 2018? Both I and the business have signed it and I have nothing in my HR online portal to say the terms have changed since...

Without seeing both contracts, it's impossible to comment other than to suggest you ask your line manager exactly why the 2018 contract 'isn't valid'. Once that information is available, you've got something concrete to challenge.

Thanks - I'll have to put in a meeting and find out

Certainly no point speculating on anything until you have. Once you're armed with that information, might be worth calling ACAS's free Helpline: 0300 123 1100

Plasticman

Yes, you need to meet them and ask why. If you're working to the terms and conditions of the new contract though (pay and hours) and that's different to the old one, it's not easy to see how they can argue that the whole contract isn't valid.