Backdating an employment contract
An unauthorised, one-sided variation is likely to be a breach of the contract of employment, and the fact that the employer has given you notice of the change will not make it lawful.However, if you put up with the change without protesting, there is a good chance that you will be viewed as having implicitly accepted the change, losing your right to object to it.Depending on the extent and likely impact of the proposed changes, your employer should meet with affected employees, or the union where one is recognised, and explain their case for making the proposed change.
It’s always better to get a written contract so you can get advice about the terms and conditions before you sign.
December 2014 – January 2015 A client or, in the case of an in house lawyer colleague (who for the purposes of this article will also be considered a client), asks you to prepare a document and then your heart sinks as he says “oh and it has to be dated” and gives a date which has already passed.
Is it legal to comply with the request or must it always be refused outright?
Once you sign a contract, it usually becomes legally binding.
There are only a few things that would not make a contract legally binding.A contract of employment is a legal agreement between the employer and the employee.