2 years without contract of employment - Company merged and changed name

Masha_2

Hi, I hope you could advise - I'm working with my company for 2 years, I had requested my contract at the time of employment and I was meant to be sent one, went into a busy time and personal issues that I forgot and thought I had it already but I realised that is not the case.  

Months ago my company was bought and merged to subsidiary in the UK, my company name changed there is new HR people.

I have requested for my contract concerned that I never received it and required to confirm the details of employment with it, I raised at the same time about not having performance appraisals, and that not increase in salary as other people in the company, rectify my holidays and its increase, etc. HR is not yet in touch with me about this. I just had a confirmation that another member from HR will follow up. but it's now 2 weeks and didn't hear anything. 

I know the company should provide the contract, but I'm worried if the fact that is another company , they will have the excuse to delay or not give me the contract should be on or not admit my 2 years as an employee in the company. 

I wouldn't understand why they are not contacting me on that regard. Not sure what approach I should take. 
Please if anyone could advise,I'd appreciate it a lot. Many thanks in advance.

CalJo99

My strong advice is that you join a trade union. You can do so quite independently (eg, Unison or so forth), and the union in question does not need to be officially recognised by your employer.  

Once you are a member then the union will advise you, support you, and stand by you in respect of your employer's HR department. Unions know employment law and what you are entitled to. They are on your side. HR is on the side of the employer.

At the very least please look up the website of unions such as Unison - though there may be a union more suitable for whatever profession you are in.

If you feel you don't want to join a union, then consult an employment lawyer and get them to take the issue up with your employer. That will cost more than joining a union, but, again, the lawyer will be expert on employment law and your rights, and your employer will pay more attention both to a union representative badgering them and to an employment lawyer acting on your behalf.

It may just be inefficiency or procrastination on the part of your employer in not providing you with an adequate contract, but that is why you need 'expert help' on this. It's not being aggressive on your part, just prudent.

Many years ago I was made redundant, and because I was in a union, my union rep was with me at the meetings with my employer and negotiated a much better pay off for me than otherwise.

Good luck with it all.

penners324

Joining a union or speaking to a lawyer is excessive.

You're still contracted to the company. They continue to pay you every month. 

The company's standard contract, including holiday allowance, notice periods etc still apply to you

TBagpuss

You have a contract, just not a signed, written one. Do you have your original offer letter? The legal requirement is that the company should provide written details of the major terms of your employment. It's common for this to be in a formal contract but c just be your offer letter, and/or any employee manual etc. 
You have been employed - presumably you have payslips etc so you have proof of employment in the unlikely event that they tried to dispute it.

I think as it is 2 weeks since you spoke to HR it is reasonable to follow up, but it does sound as though you have a number of different issues - you want a opy of your contract, which they may not be able to provide if the old company never issued one. They will be able to give you a new contract but obviously you would have to check t see whether it had the terms in it you were expecting.

The issues around holiday and pay are separate - I am not sure what you mean by 'rectify' - have you not been getting holiday pay or been told that you have less that the statutory holiday entitlement?  If you had an offer which gave you more holiday tan you have since been allowed then you can raise it but it's possible that the contract has changed because you accepted the different arrangement.

Joining a union is generally a sensible move but they can't normally help with pre-existing issues

tacpot12

Have a read of this webpage, and ask your employers for a written statement of the particulars of your employment: Employment contracts: Written statement of employment particulars - GOV.UK (www.gov.uk)

Raise a grievance with HR if this is not provided to you in the required time. 

Bobbobbobingalong

TBagpuss said:

You have a contract, just not a signed, written one. Do you have your original offer letter? The legal requirement is that the company should provide written details of the major terms of your employment. It's common for this to be in a formal contract but c just be your offer letter, and/or any employee manual etc. 
You have been employed - presumably you have payslips etc so you have proof of employment in the unlikely event that they tried to dispute it.

I think as it is 2 weeks since you spoke to HR it is reasonable to follow up, but it does sound as though you have a number of different issues - you want a opy of your contract, which they may not be able to provide if the old company never issued one. They will be able to give you a new contract but obviously you would have to check t see whether it had the terms in it you were expecting.

The issues around holiday and pay are separate - I am not sure what you mean by 'rectify' - have you not been getting holiday pay or been told that you have less that the statutory holiday entitlement?  If you had an offer which gave you more holiday tan you have since been allowed then you can raise it but it's possible that the contract has changed because you accepted the different arrangement.

Joining a union is generally a sensible move but they can't normally help with pre-existing issues

I would argue that joining a union is always a sensible move as they will always help members. Where they would draw the line is representing or offering legal support for pre existing issues, but they will always give advice relevant to an individual's circumstances.

Masha_2

TBagpuss said:

You have a contract, just not a signed, written one. Do you have your original offer letter? The legal requirement is that the company should provide written details of the major terms of your employment. It's common for this to be in a formal contract but c just be your offer letter, and/or any employee manual etc. 
You have been employed - presumably you have payslips etc so you have proof of employment in the unlikely event that they tried to dispute it.

I think as it is 2 weeks since you spoke to HR it is reasonable to follow up, but it does sound as though you have a number of different issues - you want a opy of your contract, which they may not be able to provide if the old company never issued one. They will be able to give you a new contract but obviously you would have to check t see whether it had the terms in it you were expecting.

The issues around holiday and pay are separate - I am not sure what you mean by 'rectify' - have you not been getting holiday pay or been told that you have less that the statutory holiday entitlement?  If you had an offer which gave you more holiday tan you have since been allowed then you can raise it but it's possible that the contract has changed because you accepted the different arrangement.

Joining a union is generally a sensible move but they can't normally help with pre-existing issues

Hi, Thanks for your comment and advise, I do have the original offer email and papers over the pension scheme, also had the DBS and references complete when employed, surely have access to payslips too, etc. However non of the correspondence make says about the details of employment. although this was spoken at the interview and also information from HR when letting me know about the company policies. the initial arrangement was that my salary was  a starting point and having the basic of the holidays entitlement plus holidays, this also should increase after 2 years service. There was a revise salary that most of people had, but my manager excluded me.

My manager has prefers me to not know or work along her side and have restricted my participation within the job responsibilities, practically 90% of my responsibilities are not related directly to my role, at my attempting to be involved in my job responsibilites my manager avoids to let me know or get me involved on important information I should know and perform. 

I didn't want to do anything as yet, knowing as at 2 years I'd acquire more rights and could defend myself on an eventual unfair dismissal. In a couple of weeks I'll complete the 2 years. 

Now for example, because I don't have a contract, my manager said, they don't know i would have the xtra bankholiday and surely that applies, as the last year. but this year, the company is restricting this to particulars on contract. 

So, ideally I'd like the company on to rectify what I was promised on revising my salary and providing me the holidays overt he basic initially spoken. I can understand that this might have changed as I didn't raise it up before. 

Can the company says because it's a new company then the contract would start over when they took over. Can they change the usual arrangement. Obviously HR might have spoke with my manager already and she must be doing anything to keep me at a lower level and don't know how i can approach all that. 

Thanks a lot!

Masha_2

CalJo99 said:

My strong advice is that you join a trade union. You can do so quite independently (eg, Unison or so forth), and the union in question does not need to be officially recognised by your employer.  

Once you are a member then the union will advise you, support you, and stand by you in respect of your employer's HR department. Unions know employment law and what you are entitled to. They are on your side. HR is on the side of the employer.

At the very least please look up the website of unions such as Unison - though there may be a union more suitable for whatever profession you are in.

If you feel you don't want to join a union, then consult an employment lawyer and get them to take the issue up with your employer. That will cost more than joining a union, but, again, the lawyer will be expert on employment law and your rights, and your employer will pay more attention both to a union representative badgering them and to an employment lawyer acting on your behalf.

It may just be inefficiency or procrastination on the part of your employer in not providing you with an adequate contract, but that is why you need 'expert help' on this. It's not being aggressive on your part, just prudent.

Many years ago I was made redundant, and because I was in a union, my union rep was with me at the meetings with my employer and negotiated a much better pay off for me than otherwise.

Good luck with it all.

Hi, thanks for that advise. I didn't think about that really, I hope that is not necessary. but i'll have a look to be informed.

I just knew any company is required to provide the contract of employment, and they cannot dismiss me for asking one. but I don't know how this would apply in my case having another company as employer now. Maybe they have a good excuse for delaying my contract and having different contract terms of what the last couple of years. As any of my colleagues, they are still working and their contracts are transferred to the new company, and it should be the same with me I imagine.

Thanks again