Employment contract

[AQuarkTooFar]

Do I need one?

Started work for a company alomst three years now. From the start I have been promised a contract to sign. Three years later they are still re-writing them and are refusing to give me an old version to sign.

Do I actually need one? Am I worrying over nothing?

All other employees have one and it is a very small office so HR is basically my boss. I have chased it several times now.

I'm no legal eagle but erm yeah you need one!!! I don't think you have many employment rights without! Why might your boss be withholding this from you??

They aren't as important as people think. They are breaking the law by not issuing one, but you don't lose out on much in the way of employment rights as long as basic things like your notice period have been clearly agreed - preferably in a letter or an email.

Do you have an offer letter setting out basic things like your length of notice period and holiday entitlement?

not having one can be quite beneficial under certain circumstances, like when you want to leave and they can't hold you to a long notice period / put restrictions on where you can go next & when etc

Thats what I thought msrisotto I think it is hasn't been done as my boss is not great with time management and is quite busy and this particular job keeps finding itself at the bottom of her to do list. She is the only that can do it.

Amanda I have a basinc letter telling me I have to job but only has information on pay. Holidays and notice periods have never been formally detailed.

Then it's more uncertainty about that type of thing that could be negative for you, rather than the absence of a contract per se.

Your holiday entitlement should be pretty obvious after three years. What do you think your notice is?

Bobbi I have thought about it that way and it is probably why I have never done anything about it much.

Amanda I asked how many holidays a few weeks after starting the job so have been verbally told that.

Nothing has ever been said about notice so really not sure. I was employed on a trial basis to start with and again was only ever verbally told when that finished.

Well, by law you get a week per full year of service so three weeks at the moment, and will go up to four when you've been there four full years, etc, right up to 12 weeks. In contrast, you only have to give a week's notice to leave.

You don't have any post-termination restrctions - ie. you could go to work straight for a competitor, but everyone has to keep company confidential information (i.e. trade secrets) secret.

Unless you have any complex benefits or pay or bonus arrangements that are vague, I wouldn't worry massively. If you are keen to get one, make a formal written request for one as it will put a boot up her bum!

Legally, employers are required to give employees "written statement of employment particulars" within two months of starting employment. This written statement must include:

• the names of employer and employee
• the date of commencement of employment
• the date when continuous employment began
• rate of remuneration
• frequency of pay, e.g weekly or monthly
• hours of work
• holiday entitlement
• job title
• place of work

This information can all be put in a letter - there's no legal requirement for there to be a contract that both parties sign although many organisations do give contracts.

The written particulars don't have to state your notice period. If it doesn't, then the company will be obliged to give you statutory notice - 1 week's notice for employees with less than 2 years service; 2 weeks for employees with 2 years service, increasing a week each year of service up to a maximum of 12 weeks. You only have to give them 1 weeks notice, unless they give you a contract which states otherwise.

www.acas.org.uk/index.aspx?articleid=4096