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Re: suspended
There all sorted and i made some minor changes for you, also deleted the bit about void invalid contracts as its really needed and would probably have confused the contract issue even more.
Originally posted by thbb
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this is what I have drafted so far;
Dear
Thanks for your email.
My understanding is that while ..... has a contract with your consultant, I do not, therefore the contract is between (employer name) and the HR consulant, and i am not in anyway party to that contract for reason stated below; so to reiterate, I do not have to conform to anything the HR consultant does or says and do not have to acknowledge them in anyway.
I am advised that as I have no written contract of employment, there is therefore no term in my employment contract giving my agreement for your HR consultants to be used in regards to matters concerning my employment with the company, which backs up this point in the first paragraph that i am not a contractual party in the contract between (company name) and HR consultants. This is due to there being no signed written contract, which makes any term in my contract of employment implied only and such implied terms are legislated under the employment rights act 1998. As such there is no written term under contract stating I must comply with the HR consultant nor can such a term been classed as an implied term, and ‘(company name)’ can not insist that it is or was an implied term upon my accepence of contract as my contract of employment began (enter date of you first started working for the company or year) and there has been no written or verbally agreed variation of terms of my employment contract (other than legally required e.g. minimum wage increased). As such my contract of employment predates the contract that (company name) has with HR consultants.
For the record, and to be prefectly clear - Employment law states that a contract of employment exists from the moment an offer of employment is accepted, regardless of whether there is a written contract or not!
I am further advised that contacting employees while on holiday or out of work hours is not correct protocol and is deemed as unreasonable behavouir by an employer.
Deleted this sections as its not really neccessary and stating any such contract would be null and void, would lead to confusion as to the validity of your employment contract, which i can assure you is 100% VALID
I realize you are right in that it is normal for a small company to outsource HR functions. It's actually quite normal in a big organisation as well, however, if the contract between you and your consultant has been in place since 2009, and this has never been given to me nor has there been any variation in the terms of my contract of employment that would mean i would have been legally obliged to accept the HR consultants authority regarding matters of my employment, as part of my employment contract.
Quote from Employment Law states:
A contract by which a person agrees to undertake certain duties under the direction and control of the employer in return for a specified wage or salary.
The contract need not be in writing, but under the Employment Rights Act 1996 the employee must be given a written statement of terms of employment.
Yours sincerely
------------------------------- merged -------------------------------
sorry about the font stuff again
Dear
Thanks for your email.
My understanding is that while ..... has a contract with your consultant, I do not, therefore the contract is between (employer name) and the HR consulant, and i am not in anyway party to that contract for reason stated below; so to reiterate, I do not have to conform to anything the HR consultant does or says and do not have to acknowledge them in anyway.
I am advised that as I have no written contract of employment, there is therefore no term in my employment contract giving my agreement for your HR consultants to be used in regards to matters concerning my employment with the company, which backs up this point in the first paragraph that i am not a contractual party in the contract between (company name) and HR consultants. This is due to there being no signed written contract, which makes any term in my contract of employment implied only and such implied terms are legislated under the employment rights act 1998. As such there is no written term under contract stating I must comply with the HR consultant nor can such a term been classed as an implied term, and ‘(company name)’ can not insist that it is or was an implied term upon my accepence of contract as my contract of employment began (enter date of you first started working for the company or year) and there has been no written or verbally agreed variation of terms of my employment contract (other than legally required e.g. minimum wage increased). As such my contract of employment predates the contract that (company name) has with HR consultants.
For the record, and to be prefectly clear - Employment law states that a contract of employment exists from the moment an offer of employment is accepted, regardless of whether there is a written contract or not!
I am further advised that contacting employees while on holiday or out of work hours is not correct protocol and is deemed as unreasonable behavouir by an employer.
Deleted this sections as its not really neccessary and stating any such contract would be null and void, would lead to confusion as to the validity of your employment contract, which i can assure you is 100% VALID
I realize you are right in that it is normal for a small company to outsource HR functions. It's actually quite normal in a big organisation as well, however, if the contract between you and your consultant has been in place since 2009, and this has never been given to me nor has there been any variation in the terms of my contract of employment that would mean i would have been legally obliged to accept the HR consultants authority regarding matters of my employment, as part of my employment contract.
Quote from Employment Law states:
A contract by which a person agrees to undertake certain duties under the direction and control of the employer in return for a specified wage or salary.
The contract need not be in writing, but under the Employment Rights Act 1996 the employee must be given a written statement of terms of employment.
Yours sincerely
------------------------------- merged -------------------------------
sorry about the font stuff again
There all sorted and i made some minor changes for you, also deleted the bit about void invalid contracts as its really needed and would probably have confused the contract issue even more.
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