Work Contract Not Signed

p85ki

Hi all,

I need some general advice and help. This is on behalf of a colleague of mine.

They have recently got themselves a new job, they wanted to get their contract to see what their notice period was and realised the contract the company has do not have a signed contract for them. They have spoken to their line manager who says if it's not signed then they haven't agreed to anything on there.

Now they have been to HR who has advised them they still have to work their notice period even though the contract is not signed and they do not have signed contract.

I wanted to know, if the company does not have a signed contract, can they simply get up and go? Do they have to still pay them for the work they have done, holidays etc... or is that just a case of the company can also play foul and do not have to obide by the contract themselves?

Any help will be much appreciated.

Thanks

AP007

If they have no signed contract its 1 week

tizerbelle

There's a clarification needed here. It sounds as if they were originally sent/given a contract that they simply didn't sign and return to HR?

If that is the case then HR are correct. It is irrelevant whether they returned a signed contract or not, by continuing to work they agreed to the terms so need to fulfil the notice requirements

p85ki

Thanks AP007 - They are already being funny with them just because they queried their contract to say it hasn't been signed and was worried that there was going to be an issue after they left. So they might take the 1 week notice
They get bonus as well but has already been told by someone that because you have rattled HR cage they may not pay you a bonus. They have handed in their notice which gave them 4 weeks notice, do they just have to re-write a resignation letter for 1 week then? I assume they should just pay them up until they leave?

I am just helping them out as they dont know what to do and now they are quite depressed about it really, all because it they queried their contract.

p85ki

It is simply a contract you are given, sign and give it back but I guess that never happened and they have told them they haven't got any other contracts from them which is why the person was querying it just to make sure there was no issues, but they have really got funny about it.

AP007

tizerbelle wrote: »

There's a clarification needed here. It sounds as if they were originally sent/given a contract that they simply didn't sign and return to HR?

If that is the case then HR are correct. It is irrelevant whether they returned a signed contract or not, by continuing to work they agreed to the terms so need to fulfil the notice requirements

Oh yeah if they were given one then it stands but if one has not been issued then its a week

AP007

PasquiC wrote: »

It is simply a contract you are given, sign and give it back but I guess that never happened and they have told them they haven't got any other contracts from them which is why the person was querying it just to make sure there was no issues, but they have really got funny about it.

No contract was issued at all?

If that's the case then it will be 1 week