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is it normal not to get a contract??

8 replies

emandjules · 20/12/2007 18:04

Hi, my dh has started work for a transport company but does not get a contract. none of workers do. He does not feel threatened by it, as he has worked for company before and feels secure, just wondering how common it is.

OP posts:
RibenaBerry · 20/12/2007 18:19

It's common, but it's also technically illegal. You have to be given a statement of terms and conditions (even if it's not actually called a 'contract') by law. There's a time limit too - think off the top of my head it's within a month of starting, but it might be two.

The penalties for breaching the law are pretty minimal and it doesn't stop your DH having normal employment law rights.

flowerytaleofNewYork · 20/12/2007 19:04

It's 2 months

emandjules if your DH has a good relationship with his boss and no reason to feel threatened he may want to think about linking them here for some basic user-friendly information for businesses about employing people and their responsibilities.
Here is some information for your DH. Even if he feels secure, you never know what's round the corner or what may happen with this company, new bosses, all sorts of things, so he should think about getting a written statement just in case, and familiarising himself with what he's entitled to.

Bauble99 · 20/12/2007 19:12

flowery. Am I correct in thinking that an offer of employment letter gives an employee some rights?

flowerytaleofNewYork · 20/12/2007 19:20

bauble, no. An employee has various rights, some as soon as they become an employee, others come with length of service. Those rights exist regardless of any letter or written contract. But a written statement is one of those rights.

An offer of employment might contain details of the terms and conditions and some employment rights, but the letter as such doesn't give the employee those rights. Also, an offer of employment is obviously issued prior to the employment starting and if the employment never starts, the person doesn't have those rights, regardless of what the letter says.

I hope I am making sense?!

Bauble99 · 20/12/2007 19:28

Yes You are, (as always).

karen999 · 20/12/2007 19:32

Hi, an offer of employment only really becomes a 'contract' once the offer is accepted IYSWIM. You need two parties to any contract and therefore you will only attract rights once this has happened.

LOVEMYMUM · 20/12/2007 19:58

If DH is not given written statement, he may not be getting all that he is entitled to either.
I didn't get a written statement and my employer tried to avoid paying me holiday pay - illegal. (Have written to her to get holiday pay so fingers crossed).

(Thanks flowery)

discoverlife · 20/12/2007 20:07

Even if you are not given an actual contract, verbal and 'assumed' conditions are considered binding. But it is better to get a written contract as it becomes his word aaginst yours (and other employee's as to what is assumed).

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