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I have been in my job 12 months, and don't have a written contract yet.

10 replies

LynetteScavo · 24/10/2011 09:48

What does this mean in real terms?

If I wanted to could I leave with just a weeks notice? (Not that I want to!)

HR have fobbed me off again this morning, telling me they are very busy and it's taking a long time to get around to getting contracts out...before that their excuse was that I was being employed under new terms and conditions. Hmm

OP posts:
PopcornMouse · 24/10/2011 16:44

Apparently (according to a family member who is in HR) just receiving a regular, monthly pay packet counts as a contract as far as employment law is concerned. No idea about notice periods though.

Unfortunately there just isn't a lot you can do to get the paperwork, apart from hassle them - phone phone phone until they get the idea they might find it easier just to send you the bloody paperwork ;)

Bossybritches22 · 24/10/2011 16:47

Popcorns right I'm sure, you working there & being paid is a contract of sorts.

Try asking them for 2 weeks holiday starting Monday & see how soon they get one out! Grin

RitaMorgan · 24/10/2011 16:53

Turning up for work and being paid does constitute a contract, but you are legally entitled to written terms within (I believe) 3 months of starting a job.

You could leave with a week's notice if you wanted to.

KatieMortician · 24/10/2011 16:59

You should have been issued with a written statement of employment particulars within the first two months of your employment.

An employment contract does not have to be in writing - but the employment particulars must be.

See DirectGov they explain it well. See here m.direct.gov.uk/syndicationController?action=view&param=DG_10027905&st=0&utn=35962d20f30f421fb309201110241655 Hopefully that's worked but if not, Google employment contract and DirectGov and you should get the right page.

LynetteScavo · 24/10/2011 17:08

Thank you, I would be happy with written employment particulars, as I'm not sure what hours I'm actually paid for. Confused

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KatieMortician · 24/10/2011 17:13

I would put it in writing that you don't appear to have been issued a written statement of employment particulars, which as the know it is a legal requirement to issue in the first two months of employment (perhaps give them the DirectGov link if they are particularly dozy), so would they please issue you with one in the next week?

Make it sound like it's an innocent oversight on their part and that you are really just letting them know as a favour. Be friendly, non-threatening but brief and to the point.

flowery · 24/10/2011 17:20

Yes what everyone said - your contract exists whether it's written down or not, but at least some of it needs to be written down.

What's your manager doing about this? You shouldn't need to chase HR, he or she should do that for you.

LynetteScavo · 24/10/2011 18:14

When I asked my manager I was handed the number of HR Grin

Other people have also had to chase HR themselves, but I will mention it to my manager again.

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flowery · 25/10/2011 14:13

Yes make your manager do their job, not fob you off. They are more likely to have clout with HR at a more senior level than you anyway.

brettgirl2 · 28/10/2011 17:42

In reality you can leave any job (apart from the army) without giving notice whatever it says in your contract. I thought you were legally entitled to a written contract after 13 weeks. Directgov website is always good.

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