Contractual dispute

[bosakm]

Hi All

Im involved in a contractual dispute with an ex employer over pay . Its well on its way to court and we are currently exchanging documents. Some months ago I requested a copy of my contract and was told there was none in my file. Fast forward to discovery and he has now submitted an unsigned employment contract insisting I am bound by it. I have never set eyes on it before. He states that the absence of a contract signed by him is immaterial, as he has proof it was created on his computer. He further states that the absence of a contract signed by me is my problem. This is what he is relying on in court.

It just so happens that the "contract" does absolutely nothing to support his defence but obviously, it sows doubt in the mind of the court.

Am I missing something here? Is it really possible to defend or pursue a claim with an unsigned contract?

[efpom]

It is entirely possible that an unsigned contract binds the parties if performance is coherent with the terms of that unsigned contract.

[bosakm]

Thanks EFPOM. Good to know but still confused about how to dispute those terms if they are absent. I was booked by the company to perform a number of electrical installs. He subsequently cancelled and I disputed his right to do so and insisted on payment. He came up with a COE that makes no mention of a cancellation policy. If anything, I have an email sent as part of the recruitment lure stating that he "never cancels booked jobs". That was the appeal for me.

[efpom]

Were you an employee or a contractor?

[bosakm]

I believe I was a worker although employed by the same setup for over two years. Definitely not a contractor. PAYE and NI all deducted.

[efpom]

You need to describe in some detail what you did for the other party - it looks like you did a task, completed that, and then 'rested' until the next task.