Employer Has Lost A Contract

kingolympics

Active Member
A friend is going through some sort of dispute at work (annoyingly, he won’t share the details which naturally pushes me towards assuming guilt!).

He asked his employer to see a copy of his contract in relation to contracted hours, number of breaks etc but his employer have said that they have lost his contract. He didn’t keep a copy either!

All sounds very unprofessional and I doubt this works in his favour at all, but does anyone know where this leaves you if your employer can’t show you a copy of your contract?
 

Doug the D

Member
A friend is going through some sort of dispute at work (annoyingly, he won’t share the details which naturally pushes me towards assuming guilt!).

He asked his employer to see a copy of his contract in relation to contracted hours, number of breaks etc but his employer have said that they have lost his contract. He didn’t keep a copy either!

All sounds very unprofessional and I doubt this works in his favour at all, but does anyone know where this leaves you if your employer can’t show you a copy of your contract?
Does he work for a one-man-band or an actual company? If the latter, then he needs to speak to the HR department to sort it out.
 

Greg Hook

Moderator & Reviewer
Did he actually have a contract in the first place?
It may be that they just never did one for him. Not everyone has an employment contract. They should really as it is best practice but not everyone does.

If he hasn't got a contract and he has worked for the company for a certain period I believe it is deemed that he has accepted the terms of employment, whatever they may be.

So if he has been working 45 hours every week, but believes he should only do 40, yet he has no contract to say 40, then 45 is what it is.
 

captainarchive

Distinguished Member
The contract of employment is more than the 'paper' document. You can have obvious terms which aren't in writing e.g you have to be at work on time. Also custom and practice such as finishing half an hour early on a Friday. If both parties lose the paper contract it's not illegal, strictly speaking however where the terms and conditions aren't in writing it makes it difficult to prove anything in the event of a dispute.
 

nheather

Distinguished Member
Two things he can do then.

If he has worked there for a number of years under terms that he is happy with then he can just state that this is is contract by precedent and get HR to draw up a contract that matches and sign up to it.

Or he can sit down with HR and draw up a new contract - which he can agree to and sign or not agree and ask for modifications. If HR are pushing for a new contract that is clearly different to what he has been doing then he probably has a good case for a tribunal.

Has he really lost his copy - I mean has he actually done a thorough search. Not the sort of thing you throw away so probably just mislaid.

How long has he been working there?

Cheers,

Nigel
 

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