No contract, is it legal?

shezza2

Hi all, I have been employed now on a permanent 39 hour week for approx 2 years and have not had a rule book or contract.
Is this legal or can they do this?

scooby088

you should have had your contract in the first 13 weeks, have you asked for one?

shezza2

scooby088 wrote: »

you should have had your contract in the first 13 weeks, have you asked for one?

Yes I have asked, the reply is "they will sort it"

AP007

shezza2 wrote: »

Yes I have asked, the reply is "they will sort it"

For the last 2 years they have said this?

You have accepted really the terms you are working at present.

shezza2

AP007 wrote: »

For the last 2 years they have said this?

You have accepted really the terms you are working at present.

I have asked about half a dozen times in the past couple of years.

And to be honest it could work in my favour because as mentioned in a previous thread they are trying to claim back some money because they say that have paid me the wrong rate. Surly they cant have it both ways.

LittleVoice

scooby088 wrote: »

you should have had your contract in the first 13 weeks, have you asked for one?

Written statement of particulars of employment are required to be provided within two months of the start of employment - or earlier if someone is expected to be working abroad for at least a month during the first two months.

AP007

shezza2 wrote: »

I have asked about half a dozen times in the past couple of years.

And to be honest it could work in my favour because as mentioned in a previous thread they are trying to claim back some money because they say that have paid me the wrong rate. Surly they cant have it both ways.

I have not read the post you have made about rates of pay but if they have not provided a written document about pay then its what they have been paying you.

ohreally

A contract exists. As LV has pointed out, you are entitled to a written statement of particulars, this is provided here http://www.legislation.gov.uk/ukpga/1996/18/section/1

KiKi

There is no legal right to a written contract. There is a legal right to written particulars (a statement of the basics around your job - title, pay, location etc) within the first 2 months, as LV has said. However, if you don't have it, you have no legal recourse to resolve this unless you are going to court for another reason, then you can add this on.

But as others have said, a contract does exist. You turn up, they pay you. The fact that you've done that without dispute for two years means you accept this and therefore you have a contract. Where no rules or regulations exist, then statutory law applies (ie, the minimum legal requirements for employment as defined by law).

[Deleted User]

Question answered by above post, thanks

shezza2

KiKi wrote: »

There is no legal right to a written contract. There is a legal right to written particulars (a statement of the basics around your job - title, pay, location etc) within the first 2 months, as LV has said. However, if you don't have it, you have no legal recourse to resolve this unless you are going to court for another reason, then you can add this on.

But as others have said, a contract does exist. You turn up, they pay you. The fact that you've done that without dispute for two years means you accept this and therefore you have a contract. Where no rules or regulations exist, then statutory law applies (ie, the minimum legal requirements for employment as defined by law).

As I have mentioned it could work in my favour, I have no gripe about the job or conditions.The gripe is because they are wanting money back from me because they have realised that they have been paying me the wrong rate.