No contract or terms of employment

[cesare]

No problem, just PM me an addy and I'll do it right now.

 

[Paul of Medway]

_pH_ can't go to the FRU, Paul

well go to the CAB and then they can make a referel maybe?

 

[Eva Luna]

I haven't read this thread so apologies if this has already been said, but I did all the HR for a company for years and the fact of the matter is - if there is the exchange of money, that denotes a contract. It is the employer's responsibility to set out the terms of that contract to you, and if they have not done so, they have left themselves wide open for your take on the contractual terms. Holiday, hours, sick benefits, maternity leave, pension rights etc etc.

However for you go marching in saying 'Well you haven't clarified anything, therefore I will be doing XYZ' will be uncomfortable for your working day. So not sure what this information will actually do for you practically. The only protection I can see that you have is, should you leave, you can use ACAS to arbitrate for you. I would have a word with them anyway. Should the company decide to offer you a contract, you are in an excellent position to negotiate on it. And if they want to get rid of you for that, there are statutory terms and conditions that they will have to adhere to, otherwise it will be constructive dismissal.

Have fun!

 

[_pH_]

Thanks for all the advice everyone. I am keeping my options open at the mo'

 

[Paul of Medway]

yep, employment contracts require some kind of offer and acceptance in the form of exchange between the parties. This is called consideration, which essentially means that in order for a contract to operate there has to be a principle of quid pro quo i.e. i pay you a salary in exchange for your labour. When most people think of contracts they think of them as being set upon paper and binding upon signing the dotted line; however this is not strictly the case, since a contract can exist on a simple verbal exchange and performance fulfilled upon what is agreed in the verbal exchange. i.e in the interview your prospective boss says yes you have the job; you agree and turn up Monday and start working = contract.

Therefore if you were to turn up on Monday and he was to say that he changed his mind over the weekend, you could sue him or more likely the company for breech of contract. Despite the fact that you have not signed a piece of paper headed “contract”.

 

[Paul of Medway]

woops! double post