Employment contract

[whatoneardoesrhusnean]

I sent an email to my old employer (worked for the firm from March2023 - November 2023)

I email the HR yesterday asking for my employment contract as the employment contract was on the employees company IT account and employees were not allowed to save or print from that IT account/platform.

I got a reply few minutes ago saying

"Hi, I trust you are well.
We will only be able to provide you with proof of employment as you are no longer employed with the business.
Best Regards",

I have responded today i believe an entitled to ask for and get my contract and reference from an ex employer.

Is there a law that say companies can't provide old employees with their contract?? This is all new to me as I just got a copy of my contract from another old employer few hours ago.

Why do you think you are entitled to these things?
I mean as in what law do you believe means they have to do this because while I am most certainly not a Lawyer I don't think there is one and I know they don't have to give you a Reference

So you mean an old employer can ask a company they have worked for in the past for their records - employment contracts etc?

Ask for a subject access request, the info they have by way of your personal records might include your employment contract.

Did you not get a copy when you started?

www.acas.org.uk/what-must-be-written-in-an-employment-contract/when-an-employee-must-get-their-written-statement

What an odd response. References you're not entitled to, but why wouldn't you be entitled to a copy of a legal contract that both you and your employer have signed? I mean I don't know why you'd want it after you've left but you'd certainly be entitled to it.

And anyway, as other posters have already replied, legally you are entitled to it under data protection legislation, if you make a subject access request.

Yes you are entitled to a copy of your employment contract under law. It sounds to me as though your ex employer is either being lazy, has lost the contract, or doesn't understand what you're asking them. Just request it as part of a subject access request.

Just to add that I used to be an HR and compliance manager and would be contacted with requests like this all the time by previous employees, so it isn't an unusual or unreasonable ask.

I have never heard of an employer unwilling to give ex 'employees their work contract or reference

I am applying for a job and they have asked for it hence I need it urgently

I don't have a copy because with this company they put it on ones work account and one can't print or save it. I no longer have access to that account as I no longer work there
I did email the HR while working there to get a copy but never got a reply 🤷🏽‍♀️🤦🏾‍♀️

SARs request gives them a long time to reply, I need it ASAP 🤦🏾‍♀️

I have responded to their email asking that I am entitled to request the contract and that it is needed urgently.

As people have said please do ignore me, I was forgetting SAR.
However, I was right about The Reference bit, they can refuse to do that and/or ignore a request.

SARs are usually time limited ie. 28 days. Your future employer can apply direct for a reference which is likely to confirm your employment dates. Do you need more?

Yes the employer can ask directly but they are using these firms that do background checks etc and they are asking me to upload the contract from that company if I don't, the processing would be stuck and wouldn't progress 🤷🏽‍♀️

Your new employer doesn't have the right to this information under GDPR, and it's very strange that they should want it. What was their reasoning for this?

If you threaten a SAR I think you'll find that your previous employer suddenly sends you your contract as the hassle of complying with a full and formal SAR for all of the data they hold on you would be far more stressful and time consuming for them than just producing a single document.

Something weird here alright. Your employer can ask old employer for references but they are not entitled to see a contract which is confidential between you a d employer. You're entitled to it but I would not be certain that you're entitled to share it with a new employer as your terms and conditions of employment are confidential.

Under Section 1 of the Employment Rights Act 1996, employees are entitled to a written statement of employment particulars. Additionally, I understand that under the Data Protection Act 2018, I am entitled to access personal data held by my former employer, which would include my employment contract.

🤔🤔i completely understand what you said and I have checked what the background checking company want and it is a documentation verifying start and end dates of employment

Although they request a lot of things which I have sent and I am sure they did ask for a contact which I have sent

Your p45 should give the date you finished.

You are correct that employees are entitled to a written statement of employment particulars. But you are no longer their employee.

Yes you are correct that they have to give you access to any information that they hold on you but you can only get that via a SAR unless they give it to you voluntarily.

They haven't actually refused to give you a reference? But they are under no obligation to do so.

What do you actually need your contract for?

Your contract wouldn't have an employment end date on it, surely.

Contract would have a start date on it.

I have never been asked for a copy of (a contract from) a previous job - why do they want it?

Doesn't the reference confirm start and end dates?

@DinnaeFashYersel

Yes I am no longer an employee but the law still covers ex employees

Yes, the laws mentioned still apply to former employees. Here's how they apply to ex-employees:

1. Employment Rights Act 1996 (Section 1):

Although the primary focus of Section 1 is to ensure that employees receive a written statement of employment particulars when they begin employment, employers are expected to retain these records even after employment has ended. If you didn't receive this information or need a copy, you can request it even as a former employee.

1. Data Protection Act 2018 (GDPR):

The Data Protection Act 2018 (which implements GDPR in the UK) grants you the right to access your personal data, whether you are a current or former employee. Your employment contract is considered part of your personal data, and under GDPR, you can make a Subject Access Request (SAR) to obtain it. Companies are required to comply with these requests within one month. So yes, you can still invoke these laws and your rights under them even as a former employee. This should strengthen your position when requesting your employment contract.