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No contract

4 replies

LOVELYDOVEY05 · 06/09/2018 13:21

I have just started a new job as a cleaner in a care home. They do not have employment contracts they state. Is this legal?
I do 2 shifts there which were advertised . They have hinted about maybe doing more but currently I cannot and I told them at the interview I am paid weekly and get 6 weeks hol pay pro rata

OP posts:
prh47bridge · 06/09/2018 13:53

It is perfectly legal for them not to have a contract. However, they must give you a statement of your employment particulars within two months of starting work. You may already have this as the necessary information (job description, pay, hours of work, etc.) is often set out in the offer letter.

HoleyCoMoley · 06/09/2018 13:56

I thought you had to have a contract, that's interesting, without one does it mean they can just get rid of you or you can just leave without a notice period.

prh47bridge · 06/09/2018 14:06

Not at all.

Regardless of whether or not there is a written contract, the employee can be dismissed at any time for any reason (as long as it is not discrimination against a protected characteristic) for the first two years of employment. After two years the employee may be able to take action against the employer for unfair dismissal.

The notice period should be specified in the employment particulars. If it isn't the statutory notice period applies - if you have been employed for less than 2 years you must give at least one week's notice, if you have been employed longer than that you must give at least two week's notice.

Employment law applies in full regardless of whether or not there is a written contract.

LOVELYDOVEY05 · 06/09/2018 17:19

Yes whether you have a contract or not there is no protection against unfair dismissal for 2 years However, if they need you then
it is probably in their interest to give you a contract or put it this way if they want to increase your hours would it not be better for them?

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