Employment law advise

toby

Well-Known Member
Joined
9 Dec 2008
Messages
8,640
Location
Hardcore
Can anyone help with this query for a blue on here

'' Can anyone help with an unsigned contract of employment due to a queried unreasonable term put in writing & never resolved. 10 months later I am leaving the company for a new job. It states after completing a successful 6 months probation period I have have to give a month's notice but never received a letter confirming successful probation period. & my main contract never signed. Worried they will just ask me to leave straight away with no pay. Can anyone help?


Cheers Toby
 
Do you have a copy of the contract? Doesn't really matter if you havent signed the contract - both parties have complied with it (its been operating) - you have worked and they have paid you. Re the probation period - it would be incumbent upon the employer to say you hadn't passed or to have extended it - they have done neither so it is fair and reasonable to assume you have passed and the contract sets out your notice period after you have passed - i.e. one month. You should therefore be legally entitled to a months notice and your employer would be in breach of contract if they dont pay you the month - you do of course have to offer to work the notice period.
 
I would have hoped that all other terms of the contract would have come into force regardless of it being signed or not but your message is a great help for clarification. Thank you also re probation. I did not want to presume anything before putting in in my notice. Much appreciated
 
I would have hoped that all other terms of the contract would have come into force regardless of it being signed or not but your message is a great help for clarification. Thank you also re probation. I did not want to presume anything before putting in in my notice. Much appreciated
I think nmc covered it, I'll have a chat with you in spoons tomorrow x
 
Hi yes I have a copy of the contract . Alison posted the message for me & I have just managed to log in. Thank you very much for your reply , it's a great help. My thoughts were that a contract does become legally binding even if the employee does not sign it after a period of time as I did not refuse to continue working until it was resolved. The term in dispute was ' if my employment was terminated I could not work in the industry within a 45 mile radius within 6 months of leaving '
I also presumed that my probation was passed as know in the 10th month. I just did not want them to say I could leave straight away & no contract signed . I am happy to work the months notice
Thank you
 
Do you have a copy of the contract? Doesn't really matter if you havent signed the contract - both parties have complied with it (its been operating) - you have worked and they have paid you. Re the probation period - it would be incumbent upon the employer to say you hadn't passed or to have extended it - they have done neither so it is fair and reasonable to assume you have passed and the contract sets out your notice period after you have passed - i.e. one month. You should therefore be legally entitled to a months notice and your employer would be in breach of contract if they dont pay you the month - you do of course have to offer to work the notice period.

^^ Agree entirely.
 
If you sign it it is expressed contract if you dont sign and it becomes an implied contract either way you are governed be the terms of the contract and both are binding.
 
The contract is in place as it had been so long since receiving it and you have continue to work there so thy can't just enough rid of you.
They could put you on gardening leave though.
 
Brick your bosses window with your signed 4 week notice letter wrapped round it
 
Toby. Tell whoever to fuck any contract off, find a slapper. Fire 10 kids out, let the state pay for them and their kids upbringing whilst they and their partner smoke 40 fags a day as well as getting pissed everyday on chemically made rocket fuel cider that contains no apples. You can see them and their kids round Ashton market, whilst barking" ged 'ere ya lickle bastards now or ill fuckin' leather ya!"

And to supplement their free income further they simply go on Jeremy Kyle show telling the nation how hard done to they've been as their partner has made your best mate preggers. 15 minutes of fame that the whole council estate aspire to.

Seems to work for a lot of people nowadays...
 

Don't have an account? Register now and see fewer ads!

SIGN UP
Back
Top
  AdBlock Detected
Bluemoon relies on advertising to pay our hosting fees. Please support the site by disabling your ad blocking software to help keep the forum sustainable. Thanks.