Contract of employment

[Sco77 jones]

I have worked for this company several times, the last was back in 2011-late 2012. I now work for them again and on my contract I have a restriction stating

"you have been employed on standard grade rates applicable to employees whose start date is on or after 1st April 2012".

Now the issue I have is my start date was early 2011 but I left the company in late 2012, do I have a right to fight this or do I have comply with these restrictions.

I also work work for the company in 2007-2009. Any help would be most appreciate, thanks in advance

[ULA]

I presume that you were employed as a permanent member of staff and you resigned.

Unfortunately you do not have a right to fight this. You are starting a new contract, with a new start date and that clause does not give consideration to the fact that you have been previously employed by the company.

[Sco77 jones]

Thanks for the reply,

can I just ask as to why my company service includes my previous employment with this company.

[ULA]

Sorry I am not sure what you mean by your last post. Can you clarify what you mean?

Does your new contract have your starting date as being the date you recently started back working with them.

[Sco77 jones]

Hi sorry for the confusion will explain

2007-2009 2 years service

2011-2012 1.5 years service

2017- present 2 years service

so so in total I have 5.5 years service, the company has confirmed this.

[Sco77 jones]

I will check start date when I get home and let you know.

[ULA]

Thanks for the information I understand how you have over periods of time been with the company for 5.5 years, however you do not have continuous service.

Back to my original question for each spell you worked there were you on a permanent contract from which you resigned each time?

[Sco77 jones]

Yes permanent contract, but the first time I was let go by the company and got called back when work picked up.

It was the second time that I left the company as a result I didn’t get a call back

[ULA]

Thanks for confirming that. My original view still stands, your current start date is after 1 April 2012. in which case the clause is valid.

[Hertingford]

That clause might have been inserted in your contract because of the automatic enrolment deadline for pensions which commenced in October 2012 (the tax year commencing April 2012). It would protect them against backdated contribution claims prior to the automatic enrolment date.

[Sco77 jones]

Well I would just like to say thank you to everyone who committed on this post and I now know where I stand.

Thanks again its it’s been a big help

[ULA]

Glad we could be of help. Have a lovely weekend.