no contract after 2 months in perm job

ftb999_2

Hi guys,

I have had no contract after 2 months in a permanent job.

Is the employer breaking the law? with no terms and conditions.

where do i stand legally?

thanks folks.

youngie

I think you will find they have upto 14 weeks to issue a contract

HO87

youngie wrote: »

I think you will find they have upto 14 weeks to issue a contract

A contract does exists - in essence, the employee works in return for wages/salary - and does not have to be written to be enforceable but having the terms of a contract set out in writing obviously avoids arguments later. An employer is obliged to provide written T's & C's to a new employee within two calendar months under the terms of the Employment Rights Act 1996.

anamenottaken

As HO87 says, written T&C are required by legislation to be provided within two months of the start of employment. So an employer not providing these written particulars is breaking the law.


Legally your situation is that minimum statutory terms will apply - eg right to paid leave, right to receive notice (and giving notice)

Uncertain

youngie wrote: »

I think you will find they have upto 14 weeks to issue a contract

This statement is totally wrong!

HO87 is correct.

An ET could impose an additional penalty on the employer for failing to provide particulars within two months, but only if the case is before them for some other reason.

jdturk

Uncertain wrote: »

This statement is totally wrong!

HO87 is correct.

An ET could impose an additional penalty on the employer for failing to provide particulars within two months, but only if the case is before them for some other reason.

Unless they are causing you major problems I would not be threatening to take them to an ET over this minor problem, some companies just take a long time to get the cogs in motion, I would probably just ask them out of curiosity

Uncertain

jdturk wrote: »

Unless they are causing you major problems I would not be threatening to take them to an ET over this minor problem, some companies just take a long time to get the cogs in motion, I would probably just ask them out of curiosity

As I thought I had made clear you can't! These days it can only be added to claim that is before an ET for some other reason.

jdturk

Uncertain wrote: »

As I thought I had made clear you can't! These days it can only be added to claim that is before an ET for some other reason.

You did, I cocked up glad to see though that there is some common sense in the ET's

Savvy_Sue

Always ask in these situations. Sometimes it's because they don't realise you've already been there that long!