New Job - No employment contract

T800

I started my job 4 months ago and have not received my written contract. After reading from the Direct.gov website it shows that employers must give details of my pay, job title, hours of work.

Nothing of this has ever been given.

Is it acceptable to begin a tribunal action? I think I am entitled to two weeks pay as compensation - or do I have to give them the chance to provide one before starting an action in the tribunal?

Thank you.

busterian

Have you been given an offer letter with details of your salary, position, hours of work, holidays etc and are there company policies/procedures and/or a staff handbook? If so, they form your contract of employment.....

Googlewhacker

T800 wrote: »

I started my job 4 months ago and have not received my written contract. After reading from the Direct.gov website it shows that employers must give details of my pay, job title, hours of work.

Nothing of this has ever been given.

Is it acceptable to begin a tribunal action? I think I am entitled to two weeks pay as compensation - or do I have to give them the chance to provide one before starting an action in the tribunal?

Thank you.

I'm presuming that you have not had a good 4 months then because if you had and you tried to take them to an ET for this (which I think you cannot) then you will most likely be seeing the exit door swiftly.

To answer your question I don't think you can take them to an ET for no contract, it however can be added to any ET's you do instigate.

Check with ACAS

Googlewhacker

busterian wrote: »

Have you been given an offer letter with details of your salary, position, hours of work, holidays etc and are there company policies/procedures and/or a staff handbook? If so, they form your contract of employment.....

As a side even if nothing has been given in writing the fact that the OP has worked there for four months would mean that she has statutory rights of employment

ifonlyitwaseasier

have you thought of, i don't know, asking for a copy?

SarEl

The previous posters are correct. In law the contract is a range of things, beginning with an offer of employment and an acceptance of that offer (which may be verbal), and then including policies, working practices etc. What you are referring to as a contract isn't a contract - it is the written particulars of the main terms of employment. This should have been provided to you and in writing within two months. But any legal action on this matter must be an "add on" to another claim. However, even then, you cannot simply start a claim at a tribunal - the law requires you to attempt to resolve any matter through internal procedures before making a claim. But I concur with one of the previous posters - either way kicking up a stink about this is likely to result in your being shown the exit rather swiftly. If the job is that bad, I would suggest that leaving under your own steam would be a better idea; if it isn't, then I wouldn't suggest risking it for the sake of a legal technicality which is often overlooked, especially by small employers. That doesn't make it right, but in perspective, many people happily work for years without knowing they ever should have had one!

T800

busterian wrote: »

Have you been given an offer letter with details of your salary, position, hours of work, holidays etc and are there company policies/procedures and/or a staff handbook? If so, they form your contract of employment.....

I havent received any letter confirming my employment. Nothing that gives my rate of pay, position or hours of work.

Holidays and company policies were given in a staff handbook.

T800

Googlewhacker wrote: »

I'm presuming that you have not had a good 4 months then because if you had and you tried to take them to an ET for this (which I think you cannot) then you will most likely be seeing the exit door swiftly.

To answer your question I don't think you can take them to an ET for no contract, it however can be added to any ET's you do instigate.

Check with ACAS

It is a temporary contract which ends soon. I realise from Direct Gov website that I can take a tribunal action with regards to not receiving a written contract within two months and can still remain employed. In addition, to take any unfair measures against me in retaliation could be an additional claim for victimisation. I am in this for the two weeks compensation.

T800

ifonlyitwaseasier wrote: »

have you thought of, i don't know, asking for a copy?

I dont really care about my contract, just the fact that they have apparently broken employment law by not providing me with one.

PasturesNew

I've rarely had a contract ever. At most it's been a simple "you're hired" letter. It wouldn't even occur to me I should have one - in fact, most of it's probably irrelevant too most of the time. You turn up, you do a good job, you get paid.

T800

SarEl wrote: »

The previous posters are correct. In law the contract is a range of things, beginning with an offer of employment and an acceptance of that offer (which may be verbal), and then including policies, working practices etc. What you are referring to as a contract isn't a contract - it is the written particulars of the main terms of employment. This should have been provided to you and in writing within two months. But any legal action on this matter must be an "add on" to another claim. However, even then, you cannot simply start a claim at a tribunal - the law requires you to attempt to resolve any matter through internal procedures before making a claim. But I concur with one of the previous posters - either way kicking up a stink about this is likely to result in your being shown the exit rather swiftly. If the job is that bad, I would suggest that leaving under your own steam would be a better idea; if it isn't, then I wouldn't suggest risking it for the sake of a legal technicality which is often overlooked, especially by small employers. That doesn't make it right, but in perspective, many people happily work for years without knowing they ever should have had one!

Thanks for the interesting advice, could you please help me with a link to this as I cant find anything about it.

If I get shown the exit because of this, it would be classed as victimisation, to which I could make another claim.

Viz a Viz the moral standpoint. I have high standards and I think that all employers should take the care to comply with employment law.