Employment Lawyers Can Answer Your Employment Law Questions
Hi Ben, never any discussion at all, I asked for my most up to date contract six months ago and was given this contract which they said was the only contract they had on file
I think they have forgotten that I broke service, however, they insisted that this is my contract
Whilst the employer may have the old contract on file, it does not necessarily mean that it is the contract which applies to your employment. You did work under that contract to start with but then ended your employment with them, so that contract would have officially come to an end. If you re-joined a couple of years later, then you cannot automatically assume that you were re-employed on the same contract and that would only be the case if it was both your and the employer’s intention for that to happen. If there were no discussions at all and no indication that the old contract would apply, then you would have been employed on an implied contract, the terms of which would have been determined based on what the employment relationship was over time, what the employer did and what you agreed to do. However, in terms of sick pay, as you never received any and the employer never had to make any payments, you cannot expect full pay if there is no contract allowing for that . Remember that the old contract still likely refers to the old employment, not the new one and they have just kept it on file, but it does not mean it was the contract which the employer had intended to apply when you were re-employed.
Sorry, you have maybe misunderstood me. I have never been off sick so I have never claimed sickness benefit. I have asked the company for my most up to date contract which they have given me which states that I am entitled to sick pay. I have asked them again to check that this is my most up to date contract, which they have said it is.
ok thanks, ***** ***** the company believes that this is the most up to date contract for you and it states that you are contractually entitled to full pay for 3 months then you can indeed claim that this is what you should receive if you now go off on sick leave - your contract determines your rights, so even if that is the contract from your old employment with them, if they still claim that it is the contract you are employed under, then its terms would still apply
I have assumed nothing, however, if I have asked for a copy of my current contract, which they have given me stating that , that is my contract then surely I have a case here.I thought it was now law that a contract must be given on employment
a written tatement of employment particulars (not quite a contract but a statement which contains the main terms) must be issued within 2 month of you starting a job
Thanks Ben, I probably and most likely wont take sick leave as that is not my ilk, however, I just wanted to know that if I had to, how I stood
yes it is your current contract that dictates your rights, you may not have been given it at the start of your employment but if that is what the employer has said applies now and you are happy with it then you can rely on its terms
Hope this clarifies your position? If you could please let me know that would be great, thank you
you are welcome, all the best