Contract and giving notice, not accepted new terms

[userhallball]

I was working on a fixed term contract that ended on the 31st august, I went back to my place of employment last week though in different role which I wasn't very happy with and did tell them this back in July when I was told that what it would be.

Was then given a latter that stated they are not going to give out fixed term contracts anymore snd will now be doing rolling contracts and asking me to sign my acceptance

I haven't singed as I have found a new job,

My question is notice period they are insisting I give one month as my contract apparently is all writ up and in the draw even though we haven't been issued them and I haven't signed my acceptance

They say it doesn't matter and my terms of my old contract still stand even though it expired on 31st august

Where do I stand as far as I see it I'm not under contract at present

If nothing’s signed there’s no formal contract as the last one ended. And even if there was a verbal contract in that you agreed to go back in a different role, if they’ve now changed the terms even a verbal contract is void. No contract, no terms and so no notice required as far as I can see. They might drag their heels paying you for the days you’ve worked if you just up and leave so bear that in mind planning your finances for the month.

If I understand you correctly, they informed you about the new contract in July. Unless you stated in writing that you were working under protest, you accepted the new contract when you returned to work last week. The fact you haven't signed anything to accept it is irrelevant.

If I have misunderstood and the new contract does not apply, there is an implied agreement that the old contract continues to apply. If that is the situation, you must give whatever notice is specified in that contract.

If you choose to leave without working the notice period it may affect any reference they give, regardless of whether they are right about the notice period. If you don't give the correct notice under whichever contract applies, they could sue you for breach of contract, but it is unlikely they would do so. To succeed, they would have to show that they had incurred increased costs or suffered a loss due to you not working your notice.

If you attend work and accept payment for that work then you can be deemed to have e accepted the new contract. The logic being why would you attend work if you didn’t think there was any contract between you? You would have needed to specifically state you are working under protest of the proposed changes

Sorry to be clear my contract ended on 31st, I was told in the July my current job wasn't available but a different role was and I would get my new contract in September sometime, was then given a letter stating they are changing us to rolling contract and to sign to accept change, I didn't sign and resigned as I don't want to be tied into a 4 week notice, they then said they already have dont my contact and it's in the draw (haven't received it) and my previous contract still stands even though I didn't accept the change

Technically they are correct. You continued to work for them since 1st September so the old terms roll over unless they have been varied in writing. Unless you stipulated that you were resigning at 31st August and have not attended work at all since that time - in other words unless you accepted the end of the FTC on the original date, and did so before the end of the FTC.

The question is whether they are really going to do anything about it if you say that you are not serving the full notice period. In practice employers generally don't do anything, but you need to be clear that they could. And, of course, forget a reference, and make sure you never need them for a job or anything else in the future as they aren't likely to be happy with you.