Meet the Other Phone. Flexible and made to last.

Meet the Other Phone.
Flexible and made to last.

Buy now

Please or to access all these features

Property/DIY

Join our Property forum for renovation, DIY, and house selling advice.

Help! Employers can’t/won’t provide me a copy of my employment contract, at risk of losing mortgage and property sale. What are my rights?

12 replies

Willowtree88 · 13/04/2023 13:21

I will try to be brief as there is a long history with my current employers and problems with HR. Basically, I started my maternity leave on 28th March 2023 (still awaiting baby’s arrival at 41+3 and feeling pretty fed up!). Before I left there was a big question mark over whether our NHS fixed term contract would be renewed or not. Lots of people resigned and/or found other jobs because of the stressful handling of everything. I wasn’t able to do this because I was too pregnant and relying them on paying my maternity pay. Thankfully, it was renewed for another 3 years and our team were given notification of this in February.

We sold our house in January and moved in with my mother whilst we try to secure another property. To say it’s been stressful living in a single room with my toddler, partner, dog and heavily pregnant would be an understatement. Please don’t get me wrong, I am incredibly grateful to my mother for helping us out but she has a long, complex relationship of mental health issues and is very vulnerable so I end up doing a lot of caring for my mother and autistic brother and it’s more of a mutually beneficial arrangement for now (I won’t bore people with the details). We planned to be here until baby is born whilst we try to secure a house of our own nearby.

We have now found a house we both love, within budget and even better the vendor has agreed to break the chain on the agreement that we complete quickly. We have agreed with bank to port our previous mortgage terms over (saving us thousands with today’s rates) as well as returning our early repayment charge of £3000. So far so good. Apart from my employers have still not issued me with a renewed employment contract and have told me that it’s likely to be weeks or even months (!!!) before this gets RAG approval and I can receive any proof of employment. I work in a pretty senior role in NHS mental health trust and have had multiple issues with HR during this time which have really shocked me. When I returned from my first mat leave I wasn’t paid for 4 months because they ‘lost’ my forms and thought I had left. I was forced to issue a formal complaint before I finally received my money. I was supposed to receive a pay increment during maternity leave, but didn’t and am still chasing this now for reimbursement with payroll (18 months later). They also forgot to take student loan or pension contributions from my maternity pay so I was landed with a huge tax bill of £1800 out of my first payslip which was basically the entire thing! Ergh.

My old employment contract officially ended on 31st March 2023. My understanding is that it’s my right to have an official employment contract with them, whether I’m on maternity leave or not so I’m not sure why it’s taking so long? Waiting for months will definitely lose us this house and our current Mortgage Agreed in Principle. I’m very stressed about the whole thing and don’t know how to progress things. My experience of dealing with HR has really been awful and it’s got me feeling really low about how we’re ever going to purchase a place of our own during this next year.

I’ve emailed head of Department as well as HR multiple times over the past few weeks stressing the urgency of the situation, but they haven’t even responded to me. I’m now on maternity leave and I’m concerned that as soon as baby arrives I'm not going to have the headspace to be chasing this up. Can anyone help with similar experiences or help clarify what rights are here?

OP posts:
SmoothSeasDoNotMakeGoodSailors · 13/04/2023 13:35

You need to speak to ACAS.

rrrrrreatt · 13/04/2023 17:19

Are you a union member? NHS BSA lost my redundancy forms and didn’t pay it last year, I was distraught as I needed to use it for my bills. I contacted my union and it was in my bank 2 days later!

As well, is it your head of dept you’ve emailed or the head of HR? Your line manager should be supporting you with this so call every day, leave voicemails, etc until they acknowledge the problem and help.

Could you also ask your mortgage company if they’d accept anything other than a contract? They may not but it seems worth a go in these circumstances.

Iudncuewbccgrcb · 13/04/2023 17:27

I had almost this EXACT situation (without the maternity leave complication).

From what I remember my mortgage company accepted a letter from my employer stating that I was employed on x amount of money and it was a permanent position. That's all the bank actually cared about - that it was permanent and how much I earns and once they had that in writing they didn't care about the ins and outs of the rest of the contract.

ask your mortgage company if something similar would be acceptable to them.

Username917778 · 13/04/2023 17:34

Very similar situation working in NHS when on maternity. They accepted a letter from my manager stating I worked there, how many hours and my salary etc

Postapocalypticcowgirl · 14/04/2023 14:23

You have a legal right to a statement of the particulars of your employment and it shouldn't take months to get you this.

If you are in a union, I would ask your rep for help, otherwise ACAS may be able to help.

Can your manager chase the situation up for you?

Oblomov23 · 14/04/2023 14:28

What does your old contract say. Does it specify when it ends.
Email HR again.

FluffySlippers23 · 14/04/2023 14:31

Get your original contract and use that.
P60 confirming your earnings for the tax year
Last few payslips
Proof of your contract being renewed for a further 3 years (you said you for that in February).

You won't be the only person with a crappy employer. As long as you can prove your income you should be fine.

If you are porting your mortgage do you even need all of this?

PissedOffNeighbour22 · 14/04/2023 14:40

I did the same as @Iudncuewbccgrcb. Bank was happy to accept a headed letter emailed to me from my manager confirming I was returning to work full time after maternity leave and the annual salary amount.

flashbac · 14/04/2023 21:07

Tell them if you don't get what you need you'll do a subject access request...

cyclamenqueen · 15/04/2023 16:16

Gosh this sounds so stressful for you , does the mental health trust have the initials N&S if do you have my sympathies . Why it takes so long for them to produce any paperwork at all is ridiculous . I would go with the email or previous contract if possible

VanCleefArpels · 15/04/2023 16:26

Is it feasible for you to go to the HR manager in person? Second best is to call and talk rather than email - email receipt is very deniable.

daffodilandtulip · 15/04/2023 17:01

I just knew you were going to say NHS from the title. They're a law unto themselves.

New posts on this thread. Refresh page