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Working without a contract

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  • Working without a contract

    Hi
    The small company I work for is being bought.
    I just realized I never signed any contract and/or received a copy.
    However I do have a letter of employment but this was long time ago and does not reflect the current pay.

    Just wondering how is this going to work when the new owner is going to offer a new contract?
    Tags: None

  • #2
    For clarity, you do have a contract of employment unless self employed.

    The employer cannot change and diminish your existing prescribed/implied terms of employment without your consent and negotiation, only better your current terms.

    if they try, then you must object in writing as silence is accepting by default

    Comment


    • #3
      Originally posted by Dred View Post
      For clarity, you do have a contract of employment unless self employed.

      The employer cannot change and diminish your existing prescribed/implied terms of employment without your consent and negotiation, only better your current terms.

      if they try, then you must object in writing as silence is accepting by default
      Thank you.
      You say I have a contract however how do they work out the number of holidays then?

      Comment


      • #4
        JohnDee the purchase of a business and the affect on you as an employee is covered by the Transfer of Undertakings (Protection of Employment) Regulations or TUPE.

        The effect of these regulations is that your existing terms will transfer across to your new employer. What information was contained within your original employment letter? Did it set out details of possible contractual terms such as:

        1. Holiday entitlement
        2. Notice period
        3. Hours of work
        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.



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        Comment


        • #5
          Originally posted by ULA View Post
          JohnDee the purchase of a business and the affect on you as an employee is covered by the Transfer of Undertakings (Protection of Employment) Regulations or TUPE.

          The effect of these regulations is that your existing terms will transfer across to your new employer. What information was contained within your original employment letter? Did it set out details of possible contractual terms such as:

          1. Holiday entitlement
          2. Notice period
          3. Hours of work
          The letter includes 2 and 3 but not 1.

          Comment


          • #6
            As a minimum, statutory holiday entitlement for a full time employee, is 20 days plus the 8 days of bank holidays.
            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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