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No Proof of Employment

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  • No Proof of Employment

    Soon I am due to start my graduate job that I am really excited for. As part of the pre-employment checks, I had to provide details of all of my employers over the past 5 years.

    One of the employers is a small fast food franchise that I worked at 3 years ago for a few months. After I stopped working there, that local branch closed down shortly afterwards.

    Because the branch ceased trading (although the company as a whole is still trading) the pre-employment screening company has asked me to provide proof that I actually was employed there as they weren't able to contact the branch. Specifically, this proof must be a document that includes: my first and last name, the start and end date of my employment, and be on headed paper issued by a government agency or the employer.

    The screening company gave valid documentation examples such as first and last payslips, an employee workbook, an employment leaving letter, or a contract letter.

    Unfortunately, the employer was in my opinion quite shady, and never provided me with my P45/last payslip, an employee workbook, an employment leaving letter, or a copy of my contract. At the time, I didn't realise the importance of these things. Nevertheless, now I don't have the required proof of employment to provide the screening company with.

    I have taken a few actions myself so far, but would appreciate advice on how to proceed. So far I have:

    - Responded to the pre-employment screening company and explained the situation to them. I provided them with the documentation that I do have, even though it doesn't meet their requirements. This included payslips from month 1 and month 2 of my employment, emails from my manager at the time, and an email that I sent to my manager giving my notice. I also informed the screening company that although that particular branch is not trading, the company as a whole is still trading, and provided them with a general email address for the company.

    - I then emailed my previous employer highlighting that it is a legal obligation to provide an employee with a P45 once they stop working for the company. I requested the P45 to be provided (albeit 3 years late) and said that I would contact HMRC if I don't receive a response within 7 days.

    I am worried that this could cause issues with my graduate job. Could you please advise if there is any further action that I should take in order to satisfy the screening requirements?

    Thank you for your help.

    EDIT: My previous employer responded to my email stating that as the business is operated under a franchise model, the head office holds no information about the employees of each branch. I am therefore required to contact the individual branch for this information.

    Obviously, I am unable to do this as the branch is no longer trading. Is this correct? Surely the head office is still responsible to provide this information?
    Last edited by abc54321; 19th July 2019, 16:30:PM.
    Tags: None

  • #2
    Given my understanding of the franchise model, I believe that the franchise business you worked for would be a wholly independent business and your employment contract would have been with this business and not the franchisor therefore no responsibility for them to have records of staff employed by each franchise.

    Given all your endeavours to establish the fact you worked at the franchise, your correspondence with the screening company and the fact that you were only there for a few months I would hope that they will accept the documentation you have provided as proof that you have worked at the company.

    My one thought is, was your salary paid into your bank account? If so bank statements would prove salary being deposited into your account for the time period you were working there from your employer. Other than that I am not sure from my knowledge, without the obvious documentation the screening company have suggested, what else you can do.

    It may also be worth letting your potential employer know about this issue as they may consider that for a few months of work such an extensive proof of working there may not be necessary, particularly if it does not directly relate to the graduate position you have been offered.

    Please try not to worry.




    If you would like a one-to-one expert consultation with me on your employment issue than I can be contacted by emailing admin@legalbeaglesgroup.com

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