I've no contract after 5 months of work!....

willsonline

Been with my current employer 5 months now, I have no contract of employment as yet (rather late isn't it??) what are the legal implications for this? for me and the Company.

Does this mean they can get rid of me without notice and does this mean I can leave without notice?

Any advice would be much appreciated.

PasturesNew

I've very very very rarely ever seen a contract of employment in my hand in all my years of working ... and I've had a lot of jobs in all sorts of companies, in several towns and regions over the years. I think I'd get scared if I ever did see one as it'd all be a lot more formal than I'd been used to.

They can get rid of you without notice up to a year anyway.

fengirl_2

You do have a contract of employment, its just not in writing. The fact that you turn up for work, are given work and are paid constitutes a contract. However, your employer is obliged to provide written terms and conditions within 8 weeks of starting. Failure to do so means you can take him to an ET ultimately. You need to formally request your written terms.
In the absence of written terms, the statutory rules apply and these are on the ACAS website.

ableandy

An employment contract exists as soon as an employee starts work.
An employment contract is enforceable by law.
It can be a verbal agreement and doesn’t have to be written down.
If the contract is a verbal one, the employee is entitled to a written statement setting out the main elements of the job
An employee is entitled the written statement within two months of their start date.

What is included in a written statement

• The legal company name of the employer.
• The legal name of the employee.
• The date the current employment began.
• The employee’s pay, or how it is calculated, and whether it is paid weekly or monthly.
• The employee’s hours of work.
• The employee’s holiday entitlement and holiday pay.
• Job title or a brief description of the work.
• The address of the employee’s place of work.
• Terms and conditions relating to sickness, injury and sick pay.
• The period of employment – permanent, temporary, fixed term.
• Notice periods.
• Collective agreements with trade unions.
• The employee’s pension entitlement
• Dismissal, disciplinary and grievance procedures.

willsonline

Ive had none of the above since starting. I have spoken to my line manager who says the reason for the delay is that they are currently working out whether to include BH as part of my annual leave.

Doesn't sound right to me. Every job I've had I've been given a contract before I start, to sign and return. But hey ho.

HO87

That represents no reason not to produce written T & C's. In terms of annual leave what were you told at your interview/what was included in your offer letter? You are entitled to a minimum of 28 days (which may include BH's).

willsonline

I have never had an "offer letter" just told via email that I was successful and to start on such a such date. No induction nothing. I do however get paid which is the main thing lol. Was not told about annual leave at interview.

Uncertain

PasturesNew wrote: »

They can get rid of you without notice up to a year anyway.

No they can't!!!

Except in the case of gross misconduct (regardless of length of service) they have to give you whatever period of notice your contract (written or otherwise) states. If there are no details (or clear customs in the firm) then the legal minimum applies.

With less than a years service you cannot (in most circumstances) bring a claim for unfair dismissal but you can still claim for the correct notice pay etc if it is not paid.