New job won't give me a contract until I start? >>

*Kat*

I received a job offer today, which I want to accept, they won't give me a contract until I start and undergo credit checks and disclosure checks. I am not sure what they look for in a credit check? Anyone?

I asked her today when I can expect the contract, but she said I won't get it until the checks are complete and I have already started in 2 weeks.

Thoughts?

bubblegumcola

I guess getting your contract for a new job depends on what type of employment you are entering into. For example I work in retail and usually any company I have worked for you get your contract from the h.r. department on the first day to check and sign. I don't recall getting my contract before I've started my job, but different types of industry this might be standard practice. Somebody on here must know!
Isn't a credit check to ensure you aren't registered bankrupt as some employers may not allow you to do specific types of jobs if you are bankrupt maybe? I've not had a credit check for any place I've worked but I have heard of it if you work in banking.
Disclosure seems to be required in more and more jobs these days including retail, the checks can take weeks so you could be on limited duties until your disclosure comes back with the ok.
I wouldn't worry about all the checks, but if you aren't sure what they are for then your potential employer should be happy to explain their purpose and why they require them. Just make sure you don't forget to put anything on your disclosure, minor traffic offences, etc...
If you are really keen to take this job it is worth doing all these credit and disclosure checks to secure your employment, employers have good reasons for doing them.

anamenottaken

*Kat* wrote: »

I received a job offer today, which I want to accept, they won't give me a contract until I start and undergo credit checks and disclosure checks. I am not sure what they look for in a credit check? Anyone?

I asked her today when I can expect the contract, but she said I won't get it until the checks are complete and I have already started in 2 weeks.

Thoughts?

Thoughts:

Credit checks: Have you been late paying credit card minimum payments? Had a judgment against you? Been declared bankrupt?

Disclosure checks: What do they mean? Something like Disclosure Scotland which you apply for yourself or a CRB check where they should have provided you with forms to complete allowing the check to be done? If a CRB check, what sort (eg Enhanced)?

If you have been asked to disclose any convictions, did it say you only have to disclose if any conviction is not spent? Did it exclude minor traffic offences?

Are they expecting you to hand in your notice and begin work for them without telling you what the conditions of your employment are to be? That doesn't mean they have to give you a signed contract but have they put in writing what you can expect for salary and holidays for instance? They have to provide written particulars of employment within the first two months of employment but it is a good thing if they provide a note of the basics when confirming the offer.

ohreally

What is it you want from a contract?

Have you asked to be provided with a written statement of particulars instead?

If it fails to be forthcoming, do you intend to stay put?

getmore4less

make sure you have agreement in writing for the main terms that are important to you

pay, holidays, sick policy, notice periods etc. a full list of basics for a statement of particulars in the employment act.

Something in an acceptance letter stating these are the terms you are accepting on can be enough.


if they are still wanting to do checks then I would not resign from the current job, if you don't have one it is less of an issue.

typicaly I have had a contract with the offer letter, it may refer to policy docs for the less critical stuff like grievence process or holiday request policy etc. but the basics are usualy included.

the employment act section.

http://www.legislation.gov.uk/ukpga/1996/18/part/I

skivenov

As I understand it, the legal requirement is for a contract to be signed within 90 days of commencing employment.

hawk30

skivenov wrote: »

As I understand it, the legal requirement is for a contract to be signed within 90 days of commencing employment.

This is incorrect. There is no legal requirement for a written contract. However, employers do need to provide employees with written particulars of employment, which includes things like start date, job title, salary, etc., within 2 months of starting employment. This is not a contract of employment, although it is evidence of the terms of the employment contract (which can be oral).

getmore4less

skivenov wrote: »

As I understand it, the legal requirement is for a contract to be signed within 90 days of commencing employment.

The contact exists and does not even have to be in writing.

There is no legal requirement to provide the contract in writing let alone sign anything

The legal requirement is in the link above.

But you can't enforce it.

wrightk

when i started my job (care) i had to wait 12 months for my contract as this was the probationary period so i wouldnt expect it on the first day

getmore4less

wrightk wrote: »

when i started my job (care) i had to wait 12 months for my contract as this was the probationary period so i wouldnt expect it on the first day

That was just stringing you along contract starts day one.

Probation is meaningless unless there is a contractual change associated with it so you need the contract from day one with any changes included.

Uncertain

hawk30 wrote: »

This is incorrect. There is no legal requirement for a written contract. However, employers do need to provide employees with written particulars of employment, which includes things like start date, job title, salary, etc., within 2 months of starting employment. This is not a contract of employment, although it is evidence of the terms of the employment contract (which can be oral).

True, but the problem is that there is now no real remedy. You can no longer make an ET claim for this failing alone. You can add it to any other valid claim and the tribunal MAY (don't have two) award you up to two weeks pay. In practice this rarely happens unless they feel the employer has behaved very badly and they are looking (informally of course) for additional way of punishing them.