Advice needed on my contract of employment!

[Rhia]

Yesterday (after many months of arguing) I finally received my written contract of employment for the employment I started on 1 March this year.

As the contract terminates on 21 December, it all seems a bit irrelevant really. But I do need a bit of advice before I sign it:

i) The contract is dated 23 November 2012 - ie yesterday. Is this okay - especially as the contract states that the date is the date that my period of continuous employment is calculated from?
ii) If this is okay, should the contract reflect (a) the date I started and (b) the fact that from March - September I was an admin assistant and from September until the contract ends a classroom assistant?
iii) The contract states that I am an Assistant Instructor and refers to the job description, which states that I am a Classroom Assistant. Shouldn't these two documents have the same description?
iv) The contract states that I am subject to a three month probationary period, which, as it also states that my period of employment is from 23 November to 21 December seems complete and utter rubbish.

I have also been told - by the idiot in the main office who was too busy to prepare my contract until now, although she was aware it was a legal requirement - that she needs a copy of my CV and proof of my eligibility to work in the UK. I have previously submitted a detailed application form for the job I am doing - do they need a CV?? Especially considering that there is a gap from 1 March until 22 November whilst I was employed by them but without written confirmation of what my job was?

As far as proof of eligibility is concerned, I produced this in October 2011
when I began work there as a volunteer. Is there any good reason why I should produce this again?

I know these two last points are petty, but after the way I've been treated I don't intend to be any more helpful than I need.

And - I'm very sorry, I know it's the weekend but I only got the contract last night, and I could do with advice as soon as possible!

Many thanks

Rhia

[miliitant]

Re: Advice needed on my contract of employment!

seems to me they are trying to fill in the blanks

their is no need for you to sign it and return

may i ask why you are asking these questions, as you employment has now terminated as it was a fixed term contract, all you need to worry about is a reference

why did they not renew the fixed term, or give you a full time contract, if they offered these, then yes i would be asking questions

[Rhia]

Re: Advice needed on my contract of employment!

THe contract is a rolling contract, reviewed every three months. It is possible that it may be renewed at the end of December, which is when (as I stated in my OP) the present contract terminates. My employment has not yet terminated.

I would like advice on the questions I raised.

[miliitant]

Re: Advice needed on my contract of employment!

an employer has to give you a contract of employment or statement of employment terms within 60 days of starting employment

the contract needs to be dated when you start work for the first time, even if the employment contract roll overs, thats unless a 7 day break in employment services between signing one contract of employment and another.

looking at what you have stated, i am under the impression that they have extended your contract of employment, thats why it is dated 23 november and totally ignored the fact that they have not provided a previous contract

did they tell you that your appointment when you started was for a fixed term

[Rhia]

Re: Advice needed on my contract of employment!

a) Yes, the original contract was for a fixed term of 6 months; then it was extended for 3 months, and then for a further 3 months. It is unclear at the moment whether there will be the money to extend it after the end of December but if there is it will be extended again.
b) There was no break in employment.
c) When I started paid employment I was told that it was for the fixed term of 6 months.

So - am I right in thinking that the contract should be dated 1 March, not 23 November, and that I should have some form of confirmation in writing for each occasion it was extended?

[miliitant]

Re: Advice needed on my contract of employment!

So - am I right in thinking that the contract should be dated 1 March, not 23 November, and that I should have some form of confirmation in writing for each occasion it was extended?

yes, totally correct, at the end of any fixed term, HR would send you a new contract of employment to sign stating they were extending your appointment

the start date of your employment does not change, unless their was a 7 day break of employment in signing one contract and another

in other words, you were made redundant after your temporary contract finished, then after 7 days they called you back and you signed another contract

but as you say their was no break in service, the contract needs to be dated march 1

thanks bassa


It matters not a jot what your contract says is the start of your contract, your continuous employment legally starts the day you joined the company.

You could enter 10 new contracts each with a different start date, your period of continuous employment remains the date you started at the company. Unless there is a clear 7 days break of employment.

Even if the contract says your start date for continuous employment is the date of your new contract and you sign it, it won't hold up at a Tribunal as you cannot sign away your statutory rights unless you have received independent legal advice about your rights paid for by your employer. (ERA 1996 sec 203 and Carrington v Harwich Dock Co Ltd [1998] IRLR 567 [EAT]).

[Rhia]

Re: Advice needed on my contract of employment!

Wonderful information - thanks Militant!

I have one other - very minor - query: the contract does not give my full name (ie my middle name) - should it, or is it acceptable to just give my first name and surname?

Rhia

[teaboy2]

Re: Advice needed on my contract of employment!

Middle names are not relevant, just your first and last name are all that matter!