Backdating employment contract

08-Mar-2020 09:21 by 3 Comments

Backdating employment contract

It is important that each time you seek to engage someone that you determine employment status appropriately using the guidance provided, and where necessary consult with your HR Adviser for further guidance.Use the Contractual Relationships Toolkit to check if your 'worker' is now an employee.

Be careful that your requirements are not discriminatory, particularly as regards the medical evidence, otherwise you could fall foul of equality legislation.Employment status should be determined by the department using guidance and advice provided by Human Resources, taking into account a number of different criteria reflecting current legislative requirements.For further information see the Contractual Relationships Toolkit.Changes occur in working relationships for all kinds of reasons but problems can be avoided or resolved through discussion, with agreed changes being recorded in writing.The Advice leaflet - Varying a contract of employment [173kb] is intended to give general guidance about the main legal considerations which may arise when employers or employees wish to change (or amend) the terms of a contract of employment between them.This is not, however, a free-standing right to compensation.

It is an increase in compensation if, and only if, a Tribunal finds in favour of the employee under another type of claim, eg unfair dismissal or underpayment of wages.

Background If an employment contract is terminated following dismissal with immediate effect or by mutual agreement, the employee is not entitled to unemployment allowance payments.

Where dismissal is with immediate effect, the termination of the contract is a consequence of the employee's misconduct.

Background Facts Labour Court decision Superior Court of Justice decision Comment In the context of a dismissal, legal arrangements with the aim of obtaining unemployment allowance payments for employees who would not normally be entitled to them can result in criminal prosecution.

The practice of providing the employment and social services authorities with backdated documents and disguising the nature of the termination of an employment contract in order to obtain unemployment allowance payments may constitute the criminal offences of forgery and use of forgeries.

We can visit your organisation to help you understand what needs to be done to address a range of issues related to contracts and hours and then work with you to develop practical solutions.

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