Can my employer do this, re: starting again on a new contract

[GourmetGold]

Hi, don't know if anyone can help.

I've been working about 10 months for my employer and am moving departments soon.

They have now said, even though it is still the same company (the department is theirs and not contracted out) I will have to start on a brand new contract with a new probationary period.

Seems a bit weird!?

If you are a permanent employee, on their payroll then you should clarify that your role move to a different department does not affect your continuity of employment. As you've clocked up 10 months, it's an important contribution towards your 2 years, after which you get statutory employment rights. Normally your basic Contract of employment continues, with an offer letter from HR or your manager detailing your new role title, and confirmation of your new salary and benefits.

Secondly, probationary period - as it's a new role they may want to put you on a trial period, but they should honour the notice period you "earned" if you successfully completed probation in your previous role. I'd be worried if they went back to "1 week on either side".

If they really are 'tearing up' your previous contract and starting from scratch, it isnt an attractive proposition, and I would query it. If you had worked there more than 2 years they would be able to do that.

If you had worked there more than 2 years they wouldn't be able to do that.

Thanks for your reply Daisy! That's really helpful.

Receiving a new contract didn't seem right and I was VERY suspicious at how convenient it will be for them to delay me reaching 2 years employment!!!

I had a 3 month probationary period when I started 10 months ago and apparently I now have to do another 3 month probationary period!!

I will definitely be asking them about this. Thanks again

I changed contract with my employer and continuity of employment (previous role counting towards this) and notice period were the things I needed to fight for.

They blamed "error" but I think it was not incompetence but trying it in... they put it all right before I signed, however

There's no question of them delaying you reaching 2 years. The only way to do that would be a clear break in your employment, which I assume isn't what they're suggesting.

It's more usual to change a contract with an amendment letter rather than issuing a brand new one, but issuing a new contract with a change of roles is certainly not unheard of.

Having a probationary period in a new role is also not massively unusual, particularly with someone who's not been there that long.

When you get your new contract, check that your continuous service with your employer has been backdated to the correct date. If it hasn't, ask for the contract to be corrected.

Thanks squirrels and flowery! That's interesting flowery, I just assumed it would be like starting again, I will check what start date they put on the contract. Thanks so much for your advice .