When does someones employment start?

When does someones employment start?

Author
Discussion

Marcellus

Original Poster:

7,165 posts

226 months

Wednesday 7th December 2022
quotequote all
If someone works for a company as a contractor for six months and then moves over to be an employee for employment legislation purposes when would it be deemed that persons employment started, 1st or 7th month?

Burrow01

1,909 posts

199 months

Wednesday 7th December 2022
quotequote all
When they were working as a contractor who was the contract with - the now employee as a sole trader / working via an agency, or was it a ltd company engagement, either inside or outside of IR35 / via an umbrella company?

How was the person paid?

was there anything in writing about the contract being a precursor to full employment?

I'm no employment lawyer, but I would imagine if they had a contract for 6 months with specific terms, conditions rates of pay, paid outside of PAYE etc and then signed a PAYE contract of employment with different terms and conditions their employment would start from the date of that contract.

Jasandjules

70,505 posts

236 months

Wednesday 7th December 2022
quotequote all
The contract of employment should specify whether any previous employment counts however as a contractor for six months....................

Marcellus

Original Poster:

7,165 posts

226 months

Wednesday 7th December 2022
quotequote all
Thanks guys, I’m not sure it changes much but whilst working as a contractor they were effectively paid as sole traders on an hourly rate with no guaranteed hours or duration of the contract.

Their employee contract makes no reference to previous work undertaken by the individual for the company.

dibblecorse

6,951 posts

199 months

Wednesday 7th December 2022
quotequote all
They are an employee from the date the permanent full time contract starts unless there is a specific clause backdating that but that would be highly unlikely, 99% of contractor conversions work that way.