Help! Being offered a contract I don't want!

JDMYOFAN

Hi all,

I've been working for a company for 10 months and have not signed or been given verbally or written any form of contract. I am unhappy where I now work and attended an interview last week and I'm due to be contacted in the next few days to confirm if I have got the job.

The interviewer asked what my notice is and I stated I never signed a contract, so I believe it's either a week or a month, can anyone advise? (By Law, not by what's an honest period).

To top it off, I believe my employer knows I am unhappy and yesterday handed me a contract to sign. What do I do? I don't wish to work for them but can't run the risk of having no job. Do I HAVE to sign it within a set amount of time? Can I wait it out for a week to see if I get the job?

Thanks

Edit: I've been accepted for new job.. Where do I stand legally handing in a weeks notice?

Andy_L

IIRC it doesn't really matter if you sign the contract or not. They've provided you with a copy & by not resigning (& assuming there are no unfair terms in it) you will be assumed to have accepted it.

As far as notice goes
"The statutory minimum amount of notice you must give is one week when you've worked for your employer for one month or more. If your contract requires you to give more notice than one week then you should give it"
http://www.direct.gov.uk/en/Employment/Employees/RedundancyAndLeavingYourJob/DG_10026689

JDMYOFAN

Thanks for the response, surely though, I have a few days to review this contract and resign, as I intend to do if I am accepted elsewhere?

Is it desperate if I call the interviewer for the new job and let them know the change in circumstances? I'm very confident as I have attended 2 interviews and they approached me!

Savvy_Sue

Unless there's something very surprising in the contract, then signing it or not shouldn't affect you leaving if you're offered a better job.

But as Andy has said, not signing it won't mean you're not bound by its terms.

ACAS would also have advice on their website.

fengirl_2

The key question is - what is the notice period you are required to give under the contract you have been handed? If its only a week, then you lose nothing by signing it.

JDMYOFAN

URGENT UPDATE

I've been given a contract that states a months notice.. I have not signed this and NEVER got told verbally or in writing before.. The written contract they have JUST given me states OCTOBER? I want to hand in my notice tomorrow, as I was accepted elsewhere under the condiiton I leave in 2 weeks.. I should be given garden leave anyway as it's a competitor.. Will the following work:


Dear xxx

I write to confirm that I am resigning from my position as Sales Executive

Although there is no written or verbal contract of employment between us, I accept that an honest notice period for the length of time I have worked at the company stands at one week. Please be assured that I will do all I can to assist in the smooth transfer of my responsibilities before leaving

I wish both you and xxxxxxxxxxx every good fortune and I would like to thank you for having me as part of your team

Yours Sincerely







Thanks

going2die_rich

If you really dont want to be working for them, then put in your letter it's a competitor so are unsure of the correct procedures regarding this in terms of your notice period. That will make them wary and might just send you off home straight away. Suggest you clear stuff out first as they are likely to have a security guard escort you from the premises straight away in case you take client information with you. So they wont give you the chance.

JDMYOFAN

Thanks but where do I stand legally?

How's this revised:

I write to confirm that I am resigning from my position as Sales Executive

Although there is no written or verbal contract of employment between us, I accept that an honest notice period for the length of time I have worked at the company stands at one week. Please be assured that I will do all I can to assist in the smooth transfer of my responsibilities before leaving
I have decided that it is time to move on and I have accepted a position elsewhere. This was not an easy decision and took a lot of consideration. However, I am confident that my new role will help me move towards some of the goals I have for my career.

I wish both you and xxxx every good fortune and I would like to thank you for having me as part of your team

Yours Sincerely

JDMYOFAN

Guys I really need a quick response as to whether ot not what I'm doing is legal. This is the only opportunity I have to print the notice.