new contract after restructuring with new commencement date

[AndyGOSS]

I've just receieved a new contract following a restructuring. My role is staying almost exactly the same, but I have been given a new contract to sign.
The new contract states that "Your employment with ******** commences on 8th June 2015." With the contract I was given a covering letter that states "This does not affect your length of service".
Should this be specified in the contract? or is the covering letter containing this extra info OK?
It seems a little odd to me,
Many thanks

[teaboy2]

Re: new contract after restructuring with new commencement date

Perfectly normal to be honest - Though keep the covering letter and copies of your old contract as proof of when your service/employment originally started with the company. Because if they ever did make any redundancies in future they could try pull a fast one (doubtful they would though) or they themselves may loose their own records for one reason or another, such as fire, theft, or negligence, so would need to see your copies in such event to determine your length of service and calculate your correct redundancy pay etc.

[SPQR]

Re: new contract after restructuring with new commencement date

The law is that certain particulars of employment need to be in a single document (section 2(4) Employment Rights Act 1996).

So the date on which your period of continuous service begins needs to be in your contract (I'm assuming that the letter doesn't cover everything mentioned in section 2(4)).

[teaboy2]

Re: new contract after restructuring with new commencement date

The law is that certain particulars of employment need to be in a single document (section 2(4) Employment Rights Act 1996).

So the date on which your period of continuous service begins needs to be in your contract (I'm assuming that the letter doesn't cover everything mentioned in section 2(4)).

Yes your right and its confirmed by section 1 (3(c)) of the employment rights act 1996 - Well spotted.

Though it is only a technical point, as the letter itself is proof that employment did not start on the date of the new contract of employment coming in to force, and therefore continuous employment began at an earlier date prior to the date of employment on the new contract.

[stevemLS]

Re: new contract after restructuring with new commencement date

Whilst it is probably a pedantic point, as I read OP they have had a contractual change rather than a transfer of employer. Sectioni 1 applies when, and only when, an employee "begins employment with an employer", so in these circumstances it probably doesn't apply and the new contract needs to be read in conjunction with the old one.

[SPQR]

Re: new contract after restructuring with new commencement date

Whilst it is probably a pedantic point, as I read OP they have had a contractual change rather than a transfer of employer. Sectioni 1 applies when, and only when, an employee "begins employment with an employer", so in these circumstances it probably doesn't apply and the new contract needs to be read in conjunction with the old one.

I would argue that it does apply if the contract states "Your employment with ******** commences on 8th June 2015".

Whilst it is a pedantic point employers need to be careful as it can give rise to an Employment Tribunal claim for 2-4 weeks wages under s.38 Employment Act 2002 (provided that there is a dependent claim such as unfair dismissal).


My advice to employees would be along the same lines as teaboy2: don't worry about it and ensure you keep both the contract and letter as evidence in case anything happens. Whilst an employee would have a claim under section 11 Employment Rights Act 1996, this would only result in a confirmation of the employment particulars (no compensation) and it would unnecessarily annoy the employer.

[teaboy2]

Re: new contract after restructuring with new commencement date

So we all agree that it is merely a technicality then and not really necessary to be included in new contract when you have a copy of the covering letter and/or original contract of employment stating original date employment commence? Yes/No?

[stevemLS]

Re: new contract after restructuring with new commencement date

So we all agree that it is merely a technicality then and not really necessary to be included in new contract when you have a copy of the covering letter and/or original contract of employment stating original date employment commence? Yes/No?

Yes!

[SPQR]

Re: new contract after restructuring with new commencement date

So we all agree that it is merely a technicality then and not really necessary to be included in new contract when you have a copy of the covering letter and/or original contract of employment stating original date employment commence? Yes/No?

Yes - in that no practical impact on employee (but employers beware)