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Is an unsigned contract enforceable?

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  • Is an unsigned contract enforceable?

    I obtained my job without actually applying instead my CV was found online and a HR person from the HQ called and asked me to take the job.
    Before starting I had a meeting on site with 2 managers who explained the details of what the job involved and what my working terms would be, hours, holidays and Pay.
    I requested a contract and full job description and after over a year of requesting was given a Job description which was for the job role as was under the former company, the site having been taken over some 18 months before I started.
    I continued during supervision meetings with my line manager to request a contract but his did not happen. I should point out that the role I do there is only myself that carry out this role on site and my line manager does not have the same technical background.
    Around 18 months ago our upper management for the site changed and I was assigned a new line manager. during this transition management were in a state of change and a regional manager had ultimate control of the site I raised the issue of my contract yet again and was told that as a new principal manager would be in place she would task that this was done by them as there could be a discussion about my job role and contract.
    Around a year on as the company was taken over yet again by another company the principal manager for the site started to hold meetings as it turned out a lot of staff either didn't have a contract or it was not upto date. I had a meeting with this manager and an Admin staff member and again ultimately I was sent this Job description which was now 2 companies old. I told them that this was not the originally agreement I had had when I first took the role an example being that the discussion was I was to work 37.5 hrs a week this job description was 40 hours.
    This has never been signed by myself nor for that matter by any manager from the past. Is the contents of this writing they are passing off as a contract enforceable by the employer?
    If not is then is there a legal failing here that if it came to being used against me that I can take action on?
    Tags: None

  • #2
    It would appear all you have had from your employer (albeit a succession of them as the company is taken over) is a verbal contract when you were first offered the position which was not then confirmed in writing and a written job description. This latter document has been provided to you again and in my opinion a job description is not a contract of employment.

    Legally you should have been provided with, as a minimum, a written statement of particulars within 2 months of the start of your employment.
    If you would like a one-to-one expert consultation with me on your employment issue than I can be contacted by emailing admin@legalbeaglesgroup.com

    I do not provide advice by PM although I may on occasion ask you to send me documents this way but any related advice will be provided back on your thread.

    I do my best to provide good practical advice, however I do so without liability.
    If you have any doubts then do please seek professional legal advice.


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    Comment


    • #3
      Originally posted by Ula View Post
      It would appear all you have had from your employer (albeit a succession of them as the company is taken over) is a verbal contract when you were first offered the position which was not then confirmed in writing and a written job description. This latter document has been provided to you again and in my opinion a job description is not a contract of employment.

      Legally you should have been provided with, as a minimum, a written statement of particulars within 2 months of the start of your employment.
      Could they not state the Job Description as being a written statement of particulars? Even though it had the former companies heading on? Should it not be signed by myself to confirm my acceptance of these details? As I said what is on that Job Description did not comply with the details of job I was given at interview. An example could be if I was to leave as there is no formal contract in place without working notice could they take legal action against me?

      Comment


      • #4
        Does the job description set out details such as employer, hours of work, pay, holiday entitlement, start date, job title and location of work. If the job description document does not contain this information then it is not a Written Statement of Particulars which is the minimum requirement.

        If you were to leave and you have not been provided with a Written Statement of Particulars or a contract of employment that details the notice you are required to give the company then you would need to comply with the statutory notice period which is a minimum of one weeks notice having worked there for more than a month.

        The legal failing, if the job description does not provide the necessary details, is that you have not been provided with a written statement of particulars and you can raise this formally with your manager.
        If you would like a one-to-one expert consultation with me on your employment issue than I can be contacted by emailing admin@legalbeaglesgroup.com

        I do not provide advice by PM although I may on occasion ask you to send me documents this way but any related advice will be provided back on your thread.

        I do my best to provide good practical advice, however I do so without liability.
        If you have any doubts then do please seek professional legal advice.


        You can’t always stop the waves but you can learn to surf.

        You are braver than you believe, smarter than you think and stronger than you seem.



        If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

        Comment


        • #5
          Thanks Ula
          Apologies if it has somewhat confused matters having to threads running, I thought that whilst both are employment related they look at very different aspects of the law.
          However I think you have answered my question here, I was under the belief that an unsigned contract was unenforceable especially given the contents of the JD I eventually got did not relate to the discussion about the job role I had when I took on the role and was headed up on a different companies paperwork and my attempts to get this discussed and rectified has failed to be actioned.

          Comment


          • #6
            Glad that you feel we have answered this issue on employment contracts but if there is anything else on this specific aspect just pop back here.

            Your other issues on sickness absence, welfare contact etc we can keep all together on the other thread as they really are related and all part of the same process.
            If you would like a one-to-one expert consultation with me on your employment issue than I can be contacted by emailing admin@legalbeaglesgroup.com

            I do not provide advice by PM although I may on occasion ask you to send me documents this way but any related advice will be provided back on your thread.

            I do my best to provide good practical advice, however I do so without liability.
            If you have any doubts then do please seek professional legal advice.


            You can’t always stop the waves but you can learn to surf.

            You are braver than you believe, smarter than you think and stronger than you seem.



            If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

            Comment

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