Thanks to everyone for the feedback.

 

As there is a cross-over into employment law, I took one person’s suggestion and dropped the ACAS helpline a call.

 

From their position, the contract and any linked activities and responsibilities would start from the start date of work, not from the moment the contract is signed.

If there is something specific within the contract about duties / responsibilities prior to the start date then they would need to be within the contract.

If an organisation requested and the incoming employee agreed (issues with possible coercion) then they may volunteer to do work but that would have to under an agreement.

 

So, unless there is an agreement to that affect, employers should not be giving access to systems and data prior to the contract start date, and even if there is then we are falling into the territory of whether they are trained, etc.

 

This is going to be interesting to discuss on education forums.

 

Tony

 

 

 

You really need an HR person to answer this.  I happen to have one working in the same office as me, and she flung her hands up in horror (only just metaphorically) at the very thought of this.

The key thing is that contracts are very important documents and they are there to protect both sides.  There are complex discussions to be had about what constitutes work and whether it is contractual, paid for, etc.  The system described is very poor employment practice, with all kinds of ramifications, including the complexities of giving people access to probably confidential data at a time when they are not under contract.  The answer is: don't be a tight-wad.  Start the contract earlier and pay them for the time spent working their way into the job.