Does my contract only come into force if I sign it?

ferry

Just need a bit of quick advice.
I started a new role in September and have not yet received a new contract.
I may be moving on to a new job in the New Year and i may be required to start immediately.
If I haven't signed my contract am I bound by its terms & conditions?

Cheers
Ferry

robpw2

yes if you have been given a copy and you havent objected althought you havent signed it has been accepted by your continuation to do your job

doe808

Yes- by implied consent

kaya

"Tacit" consent, good word to know the meaning of

zzzLazyDaisy

Yep, you are deemed to have accepted the contract by your conduct in continuing to work under it without formal objection to its terms.

Uncertain

Under normal circumstances, yes.

This is an interesting one as the normal view in English law is that you cannot force the terms of a contract by the silence of the other party. In other words, if I write to you and say "unless I hear back you have agreed to pay me £1000" would be worthless.

However, by turning up and doing the job you appear to be deemed to have agreed.

Interestingly I was once give a contract of employment by a large organisation which clearly stated that the contract was not valid unless signed. I never signed it but, when a dispute arose some years later, the legal advice I received said was still valid even with this specific wording!

However, if you have a letter on file objecting to part of the contract it may help but even then you would need a good reason why you had continued to work there and not forced the issue.