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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47378
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Employer sent over out of date contract to new employer

Customer Question

Employer sent over out of date contract to new employer after tupe. My written contract says im zero hours but my current employer and their lawyers say im on contractual terms and am an employee due to customa nd practice New company just going by what
contract says ivnoring the regular unchanging hours. Can i insist the new company void that contract they have and are sent the new written contract that better reflects the true relationship between me and my employer
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello what contract did youngster before and did it specify you were zero hours?
Customer: replied 1 year ago.
Youngster
Customer: replied 1 year ago.
The contract says you are normslly required to work zero hours. The company is not obliged to privide you with work and neither are you obliged to accept such when offeredHowever since starting with the cpmpany i have since been on what they call preallocated hoursThe shift pattern has been the same week in week out for a few years.Its for thus reason my cutrent employer say and have said in the past they regard me as an employee. The new company disputes my status
Customer: replied 1 year ago.
They gave me the contract in aug 2014 but i never actually signed it
Customer: replied 1 year ago.
Ive been working their since 2006 but the 2014 contract was just an amended one for pay increase
Expert:  Ben Jones replied 1 year ago.
Apologies for not getting back to you sooner, I experienced some temporary connection issues and could not get back on the site until now. Also it would not allow me to amend the autocorrect insertion of the word 'youngster' which should have read 'you have'. All appears to be resolved now so I can continue dealing with your query. The old employer does have a duty to provide true and accurate details of your employment relationship to the new employer. This is all part of the Employment Liability Information (ELI) which they must give to the new employer under TUPE. So if they have failed to provide the relevant and accurate information then you could argue that they have failed in their duty under TUPE to provide such information. In the meantime you could gather any evidence which exists that would back up your current position, such as duty plan/rosters which show that you have worked a pre-allocated pattern for some time. The new employer should not just rely on the details provided in the ELI but also on any other available evidence that may provide a more accurate picture of what your employment position actually is. I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Customer: replied 1 year ago.
Thanks very useful info. Could i just ask lastly whether i can insist that my current employer redrafts my contractI know that during 28 before handover certain things cant be changed - but this is a correction rather than a change
Customer: replied 1 year ago.
I would then seek to issue the up to date contract to the new employer
Expert:  Ben Jones replied 1 year ago.
You can't force the employer to redraft the contract but that does not mean that a contract won't exist to reflect the current position. Basically you may have an out-of-date contract in writing but that does not mean it is the current valid contract. Another contract could be implied in its place to reflect the current terms you are working under. It does not have to be in writing, it can just be implied into place. The issue is how you prove what its terms are and that would generally come from other evidence available such as the duty plan or anything else that can show the arrangements you are currently working under. If your original question has been answered I would be grateful if you could please quickly rate my answer by selecting 3, 4 or 5 starts at the top of the page - it only takes a second to do and is an important part of our process. I can still answer follow up questions afterwards if needed. Thank you
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Customer: replied 1 year ago.
Current employer has confirmed to me that they regard me as having cobtractual terms
Expert:  Ben Jones replied 1 year ago.
ok if you can get that in writing it would certainly help

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