Handing in notice before signing new contract

Sandtree

mrkds said:

So by accepting the unconditional offer I have effectively already signed a contract. So legally I think I am safe. I can then go ahead an formally resign (Woop! ). Ive already informally agreed an reduced notice period with my current employer so I don't anticipate a problem there. 

I feel a bit silly being overly cautious, but its because of some of the horror stories from @bouicca21 and @prowla, I feel my caution is justified!

There are very few cases where its legally required for a contract be in written form and equally few where a signature is actually required to confirm the execution of the contract. Think how many times you've gone to the cornershop to pick up a few bits for breakfast and just tapped to pay... there was no contract to sign, negotiation over the terms etc but there was a contract of sale formed.

Without a written contract however the exact terms of the contract become fairly difficult to prove, so in the CAB example you would be able to claim something, clearly the rate is based on the agreed salary but how many days/weeks/months are you able to claim? 2 weeks as the statutory minimum? 1 month as its what you guess the notice period is? 3 months as its what a job at your seniority normally has?

Undervalued

Savvy_Sue said:

Undervalued said:

Technically an employer is required to provide a "statement of main particulars of employment" withing two months of starting but there is little if any legal redress if they don't.

A employment "contract" is not simply a piece of paper with the word contract on it. A verbal contract is just as valid (but obviously harder to prove what was agreed). All sorts of things including the job advert, offer, acceptance, employee hand book etc and even notices on the tea room wall can all form part of a "contract".

I had a niggly feeling that employers were now required to provide that statement from day 1.

From https://www.gov.uk/employment-contracts-and-conditions/written-statement-of-employment-particulars

Written statement of employment particulars

An employer must give employees and workers a document stating the main conditions of employment when they start work. This is known as a ‘written statement of employment particulars’. It is not an employment contract.

The written statement is made up of:

• the main document (known as a ‘principal statement’)
• a wider written statement

The employer must provide the principal statement on the first day of employment and the wider written statement within 2 months of the start of employment.

Employers must tell employees or workers about any changes to the written statement. They must do this within one month of making the change.

There are special rules for agencies on documents that they need to provide to agency workers.

There's more in the original link, including what needs to go in the principal statement and what can wait two months. I was surprised how much goes into the principal, and how little is left for the rest. 

In any case it is largely a moot point as there is generally no useful redress if the employer fails to do it! 

Years ago the employee could take them to a tribunal on that point alone and get an automatic award of (from memory) two weeks wages. Now however you can't bring such a claim on its own. You can add it to some other valid claim and the tribunal has discretion to make an award but doesn't have to (and often doesn't)!

Savvy_Sue

Undervalued said:

In any case it is largely a moot point as there is generally no useful redress if the employer fails to do it! 

Years ago the employee could take them to a tribunal on that point alone and get an automatic award of (from memory) two weeks wages. Now however you can't bring such a claim on its own. You can add it to some other valid claim and the tribunal has discretion to make an award but doesn't have to (and often doesn't)!

Oh I agree, absolutely a moot point. And it is interesting (I hadn't read the link properly to pick it up) that the Principal Statement has to include the start date - which does make it impossible to supply it in advance, if the start date has not yet been agreed! 

We would do as this employer has, and issue the standard contract without any personal details in it if someone really wanted it. In fact I think we put some of main terms on the website with other information about the job, so holiday pay etc is not in doubt. But I do not think we would issue the Principal Statement in advance - and would sometimes struggle to produce it on Day 1, because the manager responsible may not be available to confirm all the details, eg if they've been on leave between the interview and the start date!