Want to get out of Employment contract

jobbingmusician

Contracts are normally signed by both parties - if you haven't signed a contract, I don't see how it can be enforced.

Conor_3

jobbingmusician wrote: »

Contracts are normally signed by both parties - if you haven't signed a contract, I don't see how it can be enforced.

After working under the terms for a certain amount of time, you are deemed to have accepted them by virtue of the fact you're still there and haven't contested them.

LittleVoice

The only contracts that have to be in writing are those connected with land. You don't sign a written contract when you buy a newspaper, for instance, but there is a contract in place.

An employer is required to provide some written particulars but the one of concern to ecclesto's son is not something which is standard and therefore needs to be dealt with specifically. Just working for an organisation does not mean that you are accepting all conditions they want to claim exist if they don't tell you about them. In fact the 3 months notice term would have had to be provided before he resigned - otherwise they could say that it was 12 months notice or whatever they thought of.

rbloye

Just wanted to say thanks to everyone for the advice at the risk of being sued or burning bridges with my current employers (that I do actually like) I'm going to see if there is alternative solution to my problem even if it means just fronting up to my employers and just asking if I can go or just seeing if the client is willing to wait 6 months so there are no grey area's when/if I do join them

cheers again

ohreally

LittleVoice wrote: »

However, if this type of restriction is included in the contract it does need to have been notified to your son during the term of his employment.

Little voice is correct.The duty is on the employer to disclose, it is not the employees duty to uncover all aspects of the terms of employment.

cash99

rbloye wrote: »

Just wanted to say thanks to everyone for the advice at the risk of being sued or burning bridges with my current employers (that I do actually like) I'm going to see if there is alternative solution to my problem even if it means just fronting up to my employers and just asking if I can go or just seeing if the client is willing to wait 6 months so there are no grey area's when/if I do join them

cheers again

As others have said the clause is probably legally enforcable, but your employer can only sue for damages to recover its losses. If the client is about to become an ex-client of your employer then what are they losing by you taking over the contract.

Having said that a direct approach to your employer would be my first option.