Employment contract draft sent after 2 years is different to current arrangement

Masha_2

I'm in disputes with employer currently in a disciplinary case and grievances - these are not related to my contract of employment but could affect the outcome of it.
in few occasions I've asked for my contract of employment and this wasn't given until just recently. The contract of employment draft is different of what it was verbally agreed and provides other terms that are not corresponding of the current arrangements, for example details for place of work, mobility and even job tittle, holidays. Not sure how to tackle this, apart of not accepting or signing this contract but I don't know what that would mean and what I can do about it. 

I know they should have given me by law at least within the 2 months of employment - they failed to do so and now since they are providing with this which is different, not sure where I'm standing now. 

does anyone has some knowledge on this? will be much appreciated. 

Thanks a lot!
 

Undervalued

Masha_2 said:

I'm in disputes with employer currently in a disciplinary case and grievances - these are not related to my contract of employment but could affect the outcome of it.
in few occasions I've asked for my contract of employment and this wasn't given until just recently. The contract of employment draft is different of what it was verbally agreed and provides other terms that are not corresponding of the current arrangements, for example details for place of work, mobility and even job tittle, holidays. Not sure how to tackle this, apart of not accepting or signing this contract but I don't know what that would mean and what I can do about it. 

I know they should have given me by law at least within the 2 months of employment - they failed to do so and now since they are providing with this which is different, not sure where I'm standing now. 

does anyone has some knowledge on this? will be much appreciated. 

Thanks a lot!
 

Yes, but in the real world there is no useful remedy if they don't!

If you have some other valid reason to take them to an employment tribunal you can add this failing to your claim. You might, at the tribunal's discretion, get a little extra compensation but it is no longer automatic. You cannot make this claim on its own.

A "contract of employment" exists by virtue of offer and acceptance. They offered you a job and you accepted by working there on their terms. The terms can vary over time and if you don't accept the variation you need to positively reject the new terms and make it clear you are working "under protest". Doing nothing amount to acceptance.

Ultimately, if you can't reach agreement, they can impose the revised terms, leaving you with the option of agreeing or resigning and claiming unfair dismissal. (Note, it is not constructive unfair dismissal under such circumstances despite the resignation). It would then be up to a tribunal to decide if the terms are reasonable or not. If not, you get some compensation but you don't get your job back.

born_again

Were you not given a copy of the contract you signed, when you agreed to it?

Undervalued

born_again said:

Were you not given a copy of the contract you signed, when you agreed to it?

As I read the OP, it was verbally agreed and no written "contract" was provided until recently. The OP feels this is different to the verbal agreement.

Masha_2

Undervalued said:

Masha_2 said:

I'm in disputes with employer currently in a disciplinary case and grievances - these are not related to my contract of employment but could affect the outcome of it.
in few occasions I've asked for my contract of employment and this wasn't given until just recently. The contract of employment draft is different of what it was verbally agreed and provides other terms that are not corresponding of the current arrangements, for example details for place of work, mobility and even job tittle, holidays. Not sure how to tackle this, apart of not accepting or signing this contract but I don't know what that would mean and what I can do about it. 

I know they should have given me by law at least within the 2 months of employment - they failed to do so and now since they are providing with this which is different, not sure where I'm standing now. 

does anyone has some knowledge on this? will be much appreciated. 

Thanks a lot!
 

Yes, but in the real world there is no useful remedy if they don't!

If you have some other valid reason to take them to an employment tribunal you can add this failing to your claim. You might, at the tribunal's discretion, get a little extra compensation but it is no longer automatic. You cannot make this claim on its own.

A "contract of employment" exists by virtue of offer and acceptance. They offered you a job and you accepted by working there on their terms. The terms can vary over time and if you don't accept the variation you need to positively reject the new terms and make it clear you are working "under protest". Doing nothing amount to acceptance.

Ultimately, if you can't reach agreement, they can impose the revised terms, leaving you with the option of agreeing or resigning and claiming unfair dismissal. (Note, it is not constructive unfair dismissal under such circumstances despite the resignation). It would then be up to a tribunal to decide if the terms are reasonable or not. If not, you get some compensation but you don't get your job back.

Thanks a lot for that.

The verbal agreement was given during the recruitment, during the induction by several people and in gral policies, and by my manager, and that was the same with my colleagues on hrs to work and location. but now the draft contract, increasead the working hours, speaks about i could be transferred, and particularly changing place of work, as my colleagues we were working remote. also includes clause of mobility that means working also on sites in other cities, this was only voluntary, e.g for a meeting or if I wished to.   

Mands

Masha_2 said:

I'm in disputes with employer currently in a disciplinary case and grievances 

And you have multiple threads on overlapping subjects. I know it can feel logical to start a new thread each time something happens but it's also the case that there is important background in each thread which could be relevant to the advice people are giving.

For completeness:

https://forums.moneysavingexpert.com/discussion/6455876/what-do-you-do-when-an-employer-doesn-t-provide-a-disciplinary-action-and-keeps-you-suspended

https://forums.moneysavingexpert.com/discussion/6434293/2-years-without-contract-of-employment-company-merged-and-changed-name

Best of luck with everything