Employment contract state employment starts from date of signing???

[AndyBrew]

Hi

 

Firstly hello everyone, hopefully you can help me

 

My wife has just been given a contract of employment by her employers after 4 years of working for them, and it states that "no previous employment shall count towards the Employee's period of employment" I thought this a bit weird as surely this would affect any potential redundancy payment if it were to happen?

 

Is this kind of statement normal and if so is my concern justified?

 

Regards and thanks in advance

 

Andy

[honeybee13]

Hi Andy.

 

It sounds odd to me, as a lay person. Hopefully, an expert will be along shortly. I certainly wouldn't sign anything yet.

 

Good luck with this.

[teaboy2]

Hi andy

 

Am assuming your wifes employer have made the position she has held the last 4 years redundant, and as a result they are re-employing her in a new position.

 

That being the case her redundancy payment will be upto the date her old contract is terminated, which is the day the position is being made redundant in which you should have been told what date that would be in writing. So she will still receive what is owed her in redundacy payments.

 

So the question is what date does her old position actually becomes official redundant? as they can not employer her under new employment whilst her old position is still active as that would mean her old contract has not yet been terminated.

 

So if her old position is still active and not yet made redundant. Then my advice would be for your wife to seek written confirmation from her employers as to when her old position is going to be officially redundant and her old contract terminated, and as to when her new contract will come into force as they can not overlap each other in terms of dates as she would then be on 2 contracts that conflict each other as to her role of employment.

[elpulpo]

Or it could simply be that her employers are scumbags who are trying to fiddle her out of 4 years service.

Far stranger things have happened.

[teaboy2]

lol that is so true.

 

But theyd be knowingly digging themselves their own grave.

[elpulpo]

lol that is so true.

 

But theyd be knowingly digging themselves their own grave.

How? You think the government would penalise them severely for doing something like that?

Worst that would happen is that, say, an ET, would put the employee back in the position they should have been. No fine, no penalty, nothing.

That's what's wrong with employment law in Britain, it's not punitive enough.

[teaboy2]

How? You think the government would penalise them severely for doing something like that?

Worst that would happen is that, say, an ET, would put the employee back in the position they should have been. No fine, no penalty, nothing.

That's what's wrong with employment law in Britain, it's not punitive enough.

 

I dont know what side of the bed you got out of today elpulpo, but steady on.

 

I was talking hyperthetically. In other words they would be getting themselves into trouble, hence the saying "hes digging himself a grave". i wasnt saying anything about what the punishment would be or how servere that punishment would be. Although i do agree with you, the law regarding employment needs to have stricter punishment's for those that breach it.

[elpulpo]

My apologies, Teaboy. Looking at the wording of my post, my tone does seem rather scathing. I typed, as you said, having rolled out of bed.

[teaboy2]

No worries Elpulpo.