Can a contract start in the past?

[Grumpla]

I thought that a contract could only start from the date it was signed. My employer thinks that once I have signed it, it applies from the date I was employed (several years ago) even though I was then bound by an entirely different contract.

So technically they could make me sign a contract saying "spilling coffee on your desk is a sackable offence" and then fire me, since I did just that six months ago.

Now, I don't mind being fired for spilling coffee on my desk next week (if that's what my contract says) but it seems a little weird for a contract to operate outside of the space/time continuum.

Am I missing something here or are they just plain wrong?

[fedupwithdeployment]

I think they are wrong!

[CaptainNancy]

My employer imposed contracts on us that we hadn't signed, that were backdated by a year. They can do want they want seemingly.

[Grumpla]

Yikes! Not sure what I should do... does anyone else have experience of this?

[OldLadyKnowsNothing]

Sounds very odd indeed. Maybe have a look at this ACAS leaflet?

[flowerybeanbag]

It's perfectly possible to backdate a contract, as in a document, but you can't really backdate a change to terms and conditions, no.

What's the problem exactly? Are they trying to change something fundamental or claim x was the case when it was y?

[Grumpla]

Our old contracts were pretty useless - very vague (and short!) with not much in the way of rules and regs. The new contracts go to the opposite extreme. However, aside from a few minor quibbles (which I have raised with them already) there is nothing about the contract that I fundamentally disagree with - in fact I think it is A Good Thing that they are finally standardising contracts and making them more professional.

I guess it's just the backdating (by several years- if it was a month or whatever that wouldn't really bother me) that rings alarm bells. There are new procedures etc in the new contract that we will now be expected to follow but that certainly weren't followed in the past (not just by me I hasten to add!) and what worries me is that by signing this and accepting that it dates from day one I am accepting that this was 'wrong' and 'in breach of contract' rather than the accepted norm at the time.

Perhaps I'm paranoid but it seems like this could then be an ideal way to avoid costly redundancy payouts in the future...

I will read the leaflet thankyou OldLady, and keep my fingers firmly x'ed.

[flowerybeanbag]

I think you're being a bit paranoid. What they probably mean to say is that the contract is effective x date but your employment started on y date. Obviously when you sign the contract date it as well, but even so, there's no way they could legitimately dismiss or discipline someone for not following a rule that was non-existent at the time.

[Grumpla]

Yeah, I'm sure you're right about the paranoia... hope so anyway! Hopefully I will get a revised version which will clear this up.