Resigning and contract issues

jiffk

Hi,

I've been offered a contract position that'll be much better for my career and my wage will be much better.

Anyway i've handed in my notice giving a weeks notice to my boss, he's been difficult to get hold of for a week since i handed it in and now with my final day coming up he's claiming that my notice period is a month and i'll be in breach of contract if i dont work it.

I saw him today but didnt discuss it, he 'dug out' a copy of my contract thats dated on the front cover to 2007 when i actually started in 2006 althought in side it has the correct start date, which does state a months notice. But its not signed by me or anyone else.

I'm not sure i have ever signed a contract there and i dont have a copy other than the unsigend one i picked up today.

To complicate matters the company went into administration recently and changed its name basically now trading doing the same thing but under a different name.

Any advice on where i stand would be appreciated.

SarEl

It doesn't matter whether you signed it or not - a contract is still "active". If it comes to an argument about the terms of a contract, then only a tribunal can settle that. You should get a date - possibly within the year! I mean an actual year, not 2010.

In other words, there are two ways of settling this. The amicable way is to resolve and agree an end date with your employer. The other way will get messy. If you leave he way not pay you. This is unlawful, but you will have to sue, either through a tribunal or county court to get any money owed. If you do so the employer may try to countersue you for quantifiable losses incurred through your "breach of contract" - employers rarely do this, but it is often in these circumstances where an employee attempts to sue that they will. Whether they can successfully do so will depend on whether they can evidence losses - but if for example, they get a temp in they can sue you for the full cost of this for the remaining period of your notice (ok, that's in dispute, but they could win on that too!) and it could even cost more than they would have paid you for the period.

In determining a contractual term such as notice, the courts consdier any paperwork, like this contract (signed or not), what might be normal practice and so on.

But like it or not, if you leave in dispute it could get messy and there isn't really much you can do about it immediately. And though the risks may be slight, they are real.

The situation of the company isn't relevant - they are and have been your employers throughout this period of employment.

pinkshoes

To enforce 1 months notice, they need to produce a contract, signed by you, stating that you agreed to 1 month notice! If not, then you're free to go at the end of your week.

I'd just double check you didn't sign something, and put it in writing to your boss that he has 24 hours to produce a copy of your signed contract agreeing to the 1 month notice period.

A colleague of mine didn't sign his contract at all, and gave them 1 hour notice, although to be fair, the company treated him like cr*p, so they deserved it!!

SarEl

pinkshoes wrote: »

To enforce 1 months notice, they need to produce a contract, signed by you, stating that you agreed to 1 month notice! If not, then you're free to go at the end of your week.

I'd just double check you didn't sign something, and put it in writing to your boss that he has 24 hours to produce a copy of your signed contract agreeing to the 1 month notice period.

A colleague of mine didn't sign his contract at all, and gave them 1 hour notice, although to be fair, the company treated him like cr*p, so they deserved it!!

Soirry, in law, no they do not have to produce a signed contract. The contract isn't a single document - it's a collection of things including the written statement of main particulars (often referred to as a contract, but it isn't - and it does not need to be signed either!), offer and acceptance letters, company handbooks, policy, posters on the wall and custom and practice. You are only free to go at the end of the week if you decide to take the risks I outlined. Although I did forget to include "rubbish reference" if you ever need one from them in the future as a risk too. Some of the risks may not matter to you, or be huge risks - but you need to decide just how willing you are to take them.

jiffk

thanks for the replys.

If i dont start straight away at the new job chances are they will go to someone else who can start straight away as it is just contract work and they wanted someone to start last week as it was!

If they force me into working a months notice then i will not be a very happy employee at all so wouldnt be doing a good job at all!

From what i can remember this is the first time i have seen this document saying i have to give a months notice and my boss has waited till the last minute to give it to me. Surely i can argue that this is unfair and i have told my potentional new employeer that i would start in a week and my current boss has not disputed it till near the end of the weeks notice.

SarEl

jiffk wrote: »

thanks for the replys.

If i dont start straight away at the new job chances are they will go to someone else who can start straight away as it is just contract work and they wanted someone to start last week as it was!

If they force me into working a months notice then i will not be a very happy employee at all so wouldnt be doing a good job at all!

From what i can remember this is the first time i have seen this document saying i have to give a months notice and my boss has waited till the last minute to give it to me. Surely i can argue that this is unfair and i have told my potentional new employeer that i would start in a week and my current boss has not disputed it till near the end of the weeks notice.

Don't get me wrong. I have every sympathy and understand what you are saying. But you can argue what you want - unfortunately unless the employer agrees too then the potential for messiness is still there. I wish I could tell you that there was an easy way, but there isn't. So I can only tell you what the legal position is and the legal risks entailed. Most people would take them, and most people would get away with them. But what I cannot tell you is that you will, becasue not everybody does. If they refuse to pay you etc., then one way or another, you will possibly end up in court. You'd have some chance of winning here (some chance - but I can't guarantee that!) but it isn't risk free and even if you won, it's messy. Sorry. But it's down to you choosing in the possession of the full facts as to what your choices entail

DVardysShadow

SarEl wrote: »

if for example, they get a temp in they can sue you for the full cost of this for the remaining period of your notice (ok, that's in dispute, but they could win on that too!) and it could even cost more than they would have paid you for the period.

I would say they could only sue successfully for the difference between employee pay and temp pay.

Mayflower10cat

One thing to double check is - have you accrued any holiday you could use in lieu of notice?

SarEl

DVardysShadow wrote: »

I would say they could only sue successfully for the difference between employee pay and temp pay.

Yes, assuming they haven't paid the employee for the period, you are correct - it would be the difference. I hadn't thought of that - I spend too much time dealing with salaried, monthly paid staff, and that may not be the case here. But it can still be a substantial amount as any quantifiable loss is included - so agency fees etc would also be recoverable.

jiffk

Mayflower10cat wrote: »

One thing to double check is - have you accrued any holiday you could use in lieu of notice?

i have 12 days of holiday built up but im assuming they would have to agree to use this as notice they are not legally bound to have to do it

SarEl

You are assuming more or less correctly. If they insist that the notice period is one month, then they can insist that you use it during your notice; but if they refuse permission for this, you will still be stuck in the mess. But it's worth pointing this out. I raher suspect that all things said and done, you will leave and go to the new job no matter what. Most people would. So it's really a case of being aware of the risk.