Contract help!

Kazzie-99

18 months ago I very reluctantly took on a managerial role, with the understanding that I could step down after a trial period. 
With this in mind I didn't sign the contract. 
12 months ago I formally requested a demotion. 
It didn't happen for numerous reasons. 
Now I've been signed off with stress and desperately want to get out of the job. .
But my contract states I have to give 3 months notice ..
Do I? 
I didnt sign it? 

moneysavinghero

You worked the job and got paid for it so it will be deemed as though you accepted it.

Whether or not they will bother taking you to court if you just walked out (especially in the circumstances) is another question. I would guess not. So just walk.

JamoLew

There is a term “Acceptance by default” which means you don’t have to sign it and by accepting payment for your work the you have by default accepted the contract.

However - there was a case last year I think that overrode that concept (sorry can’t find it though)

You can “work” your notice while signed off

Sandtree

Kazzie-99 said:

Do I? 
I didnt sign it? 

Yes
Contract in England requires offer, acceptance and consideration (aka payment) not signatures. By doing the role and taking the money you have accepted the contract and so the notice period is what the contract says.

However... a contract is just what is legally enforcable and two parties can agree to do things other than what the contract states. If you say you want to resign and discuss your last "working day" then have the conversation about a shorter notice period. They aren't going to be fans of the idea of paying you sick pay or SSP for the next 3 months whilst your sat at home unless your role includes inside information etc.