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URGENT, Is this legal?

11 replies

Linnet · 05/12/2005 20:23

Is it legal to NOT have a signed contract for a job?

I have been in my job for 4 years and I don't have a contract. I have never signed a contract, I have mentioned this on occasion but have always been told that oh I must have signed something when I started. But I have no copy of a contract and I know that if I had signed one I would have a copy of it. I keep everything so it's not something I would have thrown away if I'd originally signed one, which I didn't.

In my staff file there is a form that I had to fill in for the payroll department that has on it my name, address, bank details and there is a box where the amount of hours I work each week is written.

Could it be that the company view this payroll form as a basic contract? Or should I have a proper contract stating my job description, exact hours etc and then signed by me?

Is there a law that states you must have a signed contract?
Does anybody know?

OP posts:
littlemissbossy · 05/12/2005 20:26

info on contracts of employment from the Department of Trade and Industry - I'm not an expert so HTH

PantomimEDAMe · 05/12/2005 20:27

You should have a proper contract. This must be provided within eight weeks of starting work. Sounds as if the company think you have got one... I guess someone forgot to give you one and you didn't make a fuss because you were new?

lilibet · 05/12/2005 20:27

You do not have to have a signed contract. What we call a contract is normally just terms and conditions of service. Once a firm has paid you and you have a payslip you have a contract with them

serenitysaysHoHoHo · 05/12/2005 20:29

I'm sure you have to have a contract, stating hours, pay, holidays, terms and conditions (ie sick pay, notice period etc) I think they can get into a lot of trouble for not providing you with one, and I'm reasonably sure they have to produce it within a certain time of you requesting it.

FestiveFrex · 05/12/2005 20:34

Every employee is entitled to receive a copy of their terms and conditions of employment in writing. Your employer has a statutory duty to provide this. If they say that you must have signed something but cannot produce a copy, then they are talking out of their *rses. Ask for a copy of your terms and conditions. They cannot refuse this without breaching your statutory rights.

Linnet · 05/12/2005 20:36

Festivefrex, I take it a copy of terms and conditions would include the hours I am contracted to work every week? And perhaps which days, if I was really lucky?
any idea?

OP posts:
rickshaw · 05/12/2005 20:48

Yep you are entitled to a written statement of your terms and conditions, and yes it must include stuff about hours, days, pay, holidays, sickness etc. Employers are supposed to provide it within 2 months of you starting the job and notify you in writing of any subsequent changes.

Linnet · 05/12/2005 21:13

So according to Rickshaw and Festivefrex, when I started my job I should have been given a written copy of my terms and conditions, which should include, the hours I work, the days I work, holiday pay, sickness pay etc.

And, as Rickshaw points out written confirmation of any changes.

So, when I picked up an extra 7 hours a week moving me from 15 hours per week to 22 hours per week I should have been notified in writing of this change to keep in my records?

Because this didn't happen. I was never given a copy of my terms and conditions of the job with the hours, days etc stated in it. And when my hours increased I was never given written confirmation. I just had to fill in a form for payroll so that they paid me for the extra hours.

Does this mean that my company has messed up big style?
And does this still stand if the job is classed as a job share or does that complicate matters even further? I'm thinking I should still have been given written confirmation of my increase in hours.

I appreciate all help in trying to get to the bottom of this.

OP posts:
Linnet · 05/12/2005 21:23

bump

OP posts:
lovecloud · 05/12/2005 21:32

I never signed a contract for any of my jobs.

I guess maybe it depends on what industry and size.

I worked in small office environments.

Linnet · 05/12/2005 21:54

I work for the local council, you'd think that they would be on the ball when it came to things like this.

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