Backdating an employment contract start date
You must ensure that the level of fitness required is not in excess of the requirements of the job, and if you are thinking of taking on someone who has a physical or mental impairment that may amount to a disability, consider the issue of 'reasonable adjustments' under the Equality Act.
But if the worker is employed through an agency, and: are all explained by the contracts between (1) the worker and agency, and (2) the employer and agency, the courts will not imply the existence of another contract - an employment contract between the worker and the employer - unless it is necessary to do so to give business reality to the relationship between the parties.
Employees can only claim unfair dismissal, if dismissed, after two years of continuous service.
Back to top You must include: All employers, regardless of size, have to provide written details of disciplinary rules and procedures. There is an Acas Code of Practice that gives guidance on what is fair and reasonable and, if you unreasonably fail to follow it, an Employment Tribunal can increase any award made against you by up to 25%.
Back to top If you have reserved the right to amend the terms within the contract, the answer is yes, provided you are not acting in an arbitrary or unreasonable manner.
If you have not reserved the right to amend the terms, the answer strictly speaking is no, unless it is with the employee's agreement or consent.