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So turns out I've never signed a contract with my employer. Been with them for 4.5 years. Its complex, so some background...
The MD is an absolute arse, morale is low, and staff turnover is very high. I'm almost the longest serving member now. And I have a note about my monitor saying that I can leave at any point should the heat get too much. Though as I work at home, I rarely have to interface with the MD, hence staying so long.
Anyway, the last other developer has just handed his notice in, gave 1 weeks notice - his understand was if he had no contract, that was the statutory requirement.
Following that, the MD asked if I had one, to which i replied that I could remember signing something, but wasn't sure what. After looking through my files, turns out all I signed was an NDA.
So, question is, should I let MD know I haven't got one? If i do, I might be asked to sign something I dont agree with. If I dont let them know, whats the worst case, just that they can get rid of me with less notice?
Ta, sorry for long post.
I'm in the same situation - I'm keeping quiet because it means I only have to give a weeks notice when I leave..
Get a contract, especially if your boss is crap as it will mean you have something to fall back on when he doesn't pay you or claims you have less holiday than you do now.
22 years in with no contract and still waiting for my 3 month review.
Yep, pretty much as I thought. Nice STW clearly defined view. One "get one", one "dont get one", one "just go with the flow". Bang on 🙂
I’ll jump into TJ’s (surprisingly comfy) shoes and say ‘join a union”. At least that way you have some level of assistance should it be required.
Rachel
I have a friend who despite us all having 1 month notice periods at the time, accept another job starting within a week (he wasn't happy with the company at the time).
He was all set to try and get himself fired and burn numerous bridges, until I suggested He simply write down why it would be mutually advantageous for the company to release him within the week (no need to pay him for a month when there was no billable work, for him to do, break down of relationship ans and trust with management, etc...)
He handed the letter over to our line manager, and within the hour was clearing his desk with a big smile, while HR finalized the paperwork and got his P45 sorted, and importantly there was no dismissal to explain to anyone, he even got a positive reference...
Essentially even if a 1 month notice period is written into a contract they're often not fully enforceable, and it might be that the employer doesn't want to, lots of people bulk out their notice out with Annual Leave so only work a week or two of that month (but oc ourse they're P45 won't come through till the end)...
I've also known people with a Loooong 3 month+ notice period written into their contracts, partly as a way to try and make leaving a pain, partly to make them feel nice and secure, seemed crazy to me...
I'd say a contract is worth having though as it defined rights and responsibilities for both you and the employer...
Fear of having to work a notice period isn't a good reason to be working without a contract...
You could always insist that 1 weeks notice is all you require in your contract...
Get a contract, especially if your boss is crap as it will mean you have something to fall back on when he doesn’t pay you or claims you have less holiday than you do now.
IANAL, but I think the situation is something like this:
1. You do have a contract. If it's not a written document, then I think your employer is committing an offence (which might get them fined). The terms of your unwritten contract would probably have to be inferred from custom and practise in your workplace, from any emails (e.g. detailing holiday entitlement etc.) and other evidence/sources.
2. I don't think it's essential that you have signed the contract. If you were issued with a document that set out the terms and conditions of your employment when you joined, but you did not actually sign it, then I think that it would be considered that after a reasonable period you had implicitly accepted the terms and conditions by continuing to work for the employer.
3. I guess your big concern now is that your employer does not seek to impose a lengthy notice period. If they give you a new contract with a 3 month notice period, then providing they have followed any legal requirements for consultation etc., I doubt there's much you can do other than accept it or leave. It might be different if the employer seeks to impose a notice period that is exceptionally long (relative to your industry and your position/role/salary), in which case it might not be enforceable (unless you are offered something to make it worth your while in return for accepting it, i.e. golden handcuffs).
I understand ACAS are a good source of advice for this sort of situation.
Ah, so there is a "staff handbook"* which details lots of thing like A/L entitlement, hours etc. The only things that seem to be missing are pay, pension, and notice periods, for those it states...
"The notice which you must give and receive to terminate your employment is detailed on your Contract Statement."
The company is such a complex situation, that it would take ages to explain. But seems like there is not much benefit to me from moaning that I haven't got one, so plan to keep my head down.
Cheers,
*also explains the rule that was followed to dock me a days pay when I called in (genuinely) sick on a working day following a bank holiday. It's generally a pretty nasty company.
You contract is just what is under the statutory minimums in law then. Have a look at gov.uk. that's your starting point for everything, unless changed in an official contract.
Pretty sure after 13 week, the contract is implied.
In the real world notice periods are nearly always unenforceable so if that's all you are bothered about you needn't be.
Neither really. Slowster is pretty close
YOu have an assumed contract which is the normal contract for those in your role in your workplace and / or the working patterns you have had since you started. Main advantage to you is short notice period.
If they try to impose a contract that reduces your terms and conditions you can refuse it. ~Any sacking would be automatically unfair
Its not something I would worry too much about. You have as much protection as you would if you had one.
should I let MD know I haven’t got one?
Surely this is arse-backwards? If you don't know something then you escalate up, not down. You should be asking him rather than the other way around. Do you have a HR department?
HR department? Nope, the MD sacks everyone and ends up "doing" their job because they were useless and MD is fantastic at everything. Insane, but that's the way it is. Most things just don't get done any more, even the production line has ceased to function for the last two months. God knows how we're still in business!
I've just learned to keep my head down. Seems to have worked so far.
You have an 'assumed contract' as ^^^.
You could ask for a formal contract on the basis that'.....it protects both parties' interests'. That might provoke an interesting response from the md.
What Ts&Cs were discussed - and agreed (?) - when you joined the company/accepted your current role? Is anything confirmed in writing - job title, working hours, salary, holiday entitlement, benefits?
Your posts suggest there is nothing in writing but I may have missed something.
If it was me I would be looking for written confirmation of the basics - hey, boss, I don't want to get all legal but you really need to get the basics onto paper.
I know what I would do but it's your call.
I'd keep schtum if I were you.
.
Reasons:
1) Probably an assumed contract as mentioned above, if you are happy with the protections this offers.
2) One not yet mentioned... Girl where I used to work worked there for several years without a contract, no-one else noticed, she was probably fully aware of the situation. Got qualified, experienced, etc, then left and set up on her own and took a huge chunk of clients with her, along with quite a few from others in the office. The rest of us all had a clause in our contracts forbidding initiating contact with clients within 12 months of leaving. The poo hit the fan, head office were not amused, but the lawyers said nothing could be done. So, if you intend one day to go and do whatever it is you do for yourself keep quiet.