Backdating an employment contract start date
Employees can only claim unfair dismissal, if dismissed, after two years of continuous service.
Under the Equality Act you can only ask health-related questions of a job applicant under specific circumstances, for example to decide whether you need to make any reasonable adjustments for the person to attend the selection process or to decide whether an applicant can carry out a function that is essential to the job.All contracts also include implied terms, whether written or not.Examples are: Employees also have statutory rights, such as the right to a minimum period of notice, protection against discrimination, the right to be (or not to be) a member of a trade union, and rights under working time and minimum wage legislation.Employees who are taken on for less than one month are not entitled to a written statement of terms.
However, if you take someone on for more than one month they are entitled to a written statement.
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.