My contract of employment (uk law)?

the firm where i am currently working have given me a contract to sign today which states i start work for them on the 1st december this year...it also states that no previous employment with them counts as continuous employment with this or any associated employer...tbh, the firm want me out & im pretty certain that i shouldnt be signing this as i dont really think i have a leg to stand on if i do...i have an appt with a solicitor 2morro as im sure this is illegal...i have been with the firm as a paid employer for over 4 yrs...any help would be greatly appreciated
Additional Details
thank u all who have answered so far...i will let u know the update after ive been to the solicitors this morning...

superbeagle

Your employer can ask you to sign the contract but because it effectively 'eliminates' your period of continuous employment, you should be aware that the effect is to take you outside the scope of the employment protection legislation covering unfair dismissal (you require - normally - 1 years continuous employment for this).

You can refuse to sign the contract on this basis.

Absolute worst case scenario - even if you did sign it, you could still argue (if you were subsequently dismissed unfairly) that you did have the correct qualifying period and you were forced into signing the new contract - your employer would find it difficult to argue at tribunal that this was anything other than an attempt to get round the legislation. (Obviously, it would be better if the contract wasn't signed up, though).

Good plan to speak to a solicitor, though.

Liane

Legally they should've given you some form of contract within 3 Months of employment. If any problem arises and there is no contract then arguments are based on 'Custom'. ie if you come in at 8:30 and leave at 4:30 Mon -Fri for a year or so they will be deemed as your 'contracted hours'.
Seeing the solicitor is your best option. I would strongly urge to hold off on signing it until you've had the legal advise.
Good luck with it.

Away With The Fairies

Very, very dodgy! You're right to be concerned and definitely right to seek legal advice. The only way they can do that is if your role within the company has changed or if the company has been bought out. Otherwise it does just look like a way to get you out I'm afraid. Hope all works out ok for you.

Hugh G

Doesn't sound right to me.

In the event of termination within the next two years, would any redundncy be paid?

Samantha

If there is no gap between your current employment and the contract they say starts on Monday, then that would count as continuity of service no matter what they say. In order to have a break in service then there needs to be a gap of at least one day between the end of your current employment with them and the start of the new contract. This would mean they would have to end your current employment with them (which would in effect be a dismissal - for which they would have to follow statutory procedures, and pay appropriate redundancy) before they can argue that your current service will not count as continuous employment. And even if they did this, I'm still not sure it would stand up in a tribunal, as terminating someone's employment to immediately take them on on a new contract would just been seen as trying to play the system.

Sounds incredibly dodgy - I'm glad you're getting a solicitor to look at this.

andy w

Assuming you were not a contractor and they have been paying employers N.I. then you definitely need to see a solicitor.
Seems they are trying one on here and in effect they will lose as long as your employment with them has been on an employer/employee basis and you have not been classed as self employed or providing a contract of services (i.e. a contractor)

Enter Your Message or Comment

User Name:
User Email:
Post a comment: