Contract of Employment

[Eastender]

I have been at my place of work for 3 years with no contract. Now all of a sudden with have all been issued with contracts and staff handbooks. Although I agree with the terms laid out, one thing seems to bother me is the probationary period which reads the first 3 months of employment will be probationary? because the contract is dated 1st December 08. Should the date when my employment and the period of continuous employment began, also be shown on the contract? I cannot seem to get hold of my employers as they seem to be staying away. Something dont seem to be right. Any advice please. Thanks

[buildersmate]

Irrespective of whether you had a 'contract letter' when you started, you have a contract. It includes the things you were given at the time in writing, anything given to you since, plus a whole lot of implied terms. This means aspects associated with customs and practice of how things are done around the place at present - for example, arrangements for breaks, what you are expected to do when you are sick in terms of ringing in. The very sort of thing that are probably now included formally in the Handbook that the company proposes to give you.
Rest assured, your contract started 3 years ago - so you are not now in a probationery period.
What the company should be doing is giving you an accompanying letter with the Handbook which says something like: Dear XYZ. Please receive your persoanl copy of the Company Handbook, This Handbook now forms part of your terms and conditions of employment as from 1st December 2008. Please indicate your receipt of the copy by signing and returning this letter.

[Richard1966]

If you are worried, seek legal advice- you may have paid for a home or car insurance free legal advice, these are usually available for any matter . If you havent got these, look at www,adviceguide.org.uk

[mrsjacs]

The original start date should be on your contract, not the date of the contract. It is possible it will have a contract date on it, but it shoulde definitely state your original start date.

I suspect the 3 month probation is on the base contract used for all new starters, and they should have omitted it from employees who have been there longer than three months (assuming they have passed their probationary period).

Hope this isn't too late, but only just joined the site.