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Started a new job, haven't signed a contract

(12 Posts)
msrisotto Thu 10-Nov-16 07:16:48

And I think I'm probably going to look for a different job as soon as one comes up. If I sign the contract, I'll be agreeing to give 3 months notice...should I hold of signing it? It's with the NHS so it is above board.

Scarydinosaurs Thu 10-Nov-16 08:29:53

Ask to be moved to legal- I think there is a presumption of contract as soon as you've been paid??

Someone more clever than me will know.

itlypocerka Thu 10-Nov-16 08:34:58

If you've started and you've seen the contract there is an implied assumption that you accept the terms unless you have made a formal objection. You are under no obligation to accept the job but if you do so those are the terms and going to work suggests that you have accepted the job.

There's usually a probation period with shorter notice so if you leave quickly then notice is shorter.

Employers will often allow you to negotiate a shorter notice period if it won't leave them too badly in the lurch.

itlypocerka Thu 10-Nov-16 08:36:48

Sorry meant to add:

And making a formal objection when the employer is the NHS will not result in a different contract but may well be career suicide.

msrisotto Thu 10-Nov-16 08:50:11

Thanks, I'll ask for it to be moved.

I haven't seen a contract no.

LisaMumsnet (MNHQ) Thu 10-Nov-16 08:53:16

Just to let you know we're moving this as the OP requested. MNHQ

msrisotto Thu 10-Nov-16 12:42:43

Making a formal objection about signing a contract? I wasn't thinking of doing that. These trusts are usually really slow with these things, one place took 6 months and another place I didn't get one in the whole 3 years I worked there! I don't expect to a) Receive one quickly and b) for it to be chased up once I do

prh47bridge Thu 10-Nov-16 13:16:52

There is no requirement for a signed contract of employment. Your employer has to give you a statement of your employment particulars within 2 months of starting work setting out the main terms of your employment. You don't have to sign anything to accept those terms. Simply continuing to work there constitutes acceptance.

How do you know about the 3 months notice requirement? If it was in the letter offering you the job it already applies. You've accepted that term of your employment by starting work.

msrisotto Thu 10-Nov-16 15:13:25

It's standard for my profession.

Allthebestnamesareused Thu 10-Nov-16 18:15:28

Even if receiving a contract is standard for your profession if you have received written details of employment (eg. an offer letter) and you have started work you are deemed to have accepted the conditions in the written terms.

However, quite often in "new jobs" if you realise you've made a mistake then employers are willing to release you from the full notice period because they would rather not spend the time on training you etc and find a replacement.

msrisotto Thu 10-Nov-16 18:38:31

Sorry, the 3 months notice is standard.

atticusclaw2 Fri 11-Nov-16 08:42:32

Not signing the contract makes no difference if the terms have been communicated to you and you've continued to work.

I'm an employment lawyer.

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