TUPE and Contract Start Date

lucas20042004

Hello all,

My company was bought out last year and my employment was transferred under TUPE to the new company.

I'm now applying for a mortgage and the employer is being difficult when I'm asking for proof of employment.

They are stating that the start date is when the new contract was created in 2022 - it should actually be 2016.

I notice in my new contract the "Start Date" is August 2022 but there is a note about continuation of service from 2016.

Is this correct? If it went through a TUPE shouldn't the start date in the contract be July 2016?

Thanks! 

Bobbobbobingalong

Why did you sign the new contract?

General_Grant

Bobbobbobingalong said:

Why did you sign the new contract?

Not sure how helpful your question is.
However not all contractual documents are signed (by either party).  A statement which mentions start date and continuous employment sounds to be a simple statement of the written particulars of employment, which is required to be given at the start but doesn't have to be signed.

The OP should show a mortgage provider the written statement and payslips would show employment.

Bobbobbobingalong

General_Grant said:

Bobbobbobingalong said:

Why did you sign the new contract?

Not sure how helpful your question is.
However not all contractual documents are signed (by either party).  A statement which mentions start date and continuous employment sounds to be a simple statement of the written particulars of employment, which is required to be given at the start but doesn't have to be signed.

The OP should show a mortgage provider the written statement and payslips would show employment.

Well, just looking to establish what happened to engineer a new contract signing since, as you know, there is no need for one automatically after a TUPE event. I suppose that having all the facts makes it easier to give a proper response.

timstyles

Your contract of employment must contain your start date with your employer AND the start date of any continuous employment. See section 1(3)(c) Employment Rights Act 1996. I suggest you remind your employer of their obligation in this regard, so ask for a copy of your employment contract (or statement of terms and conditions) which is legally up to date. If it is not provided, raise a formal grievance. If they are still being difficult consider making a subject access request, because they should have information about you which was obtained during the due diligence process pre-transfer.

lucas20042004

There was no reason not to sign the new contract - everything was correctly transferred over including salary, bonus, benefits etc. I didn't think to question the start date at the time as included the seniority date from 2016. 

I managed to get a certificate with the continuation date as a separate line in the end. I just don't like how it's worded. Maybe I'm being pedantic.