Contract Advice - Can my employer hold me to a contract I have not signed?

Question

The contract I have not signed has a notice period of 6 months, but previous contract (at the same employer and which I did sign) had notice period of 3 months. I have resigned and want to leave in 3 months but my employer says that even though I did not sign my new contract (which came about due to promotion to new role), they can hold me to the 6 months because I have been doing the job, taking extra money etc which came with the promotion

Answer 1

Please check your labor law and your rights.

Answer 2

If you didn't sign, you probably can't be held to anything. However, there may have been something in other paperwork that you didn't realize when you signed. When you got the promotion, did you sign anything for Human Resources?

Look over any paperwork that you have. If you don't have copies, ask them for a copy of the document that states you must stay another six months. If they aren't bluffing, they should be willing to produce it. Or, simply ask them what the penalty is for leaving early. If they can't come up with that immediately, then they are lying. No one can force you to work a job. All they can do is penalize you for quitting before your contract is up.

Answer 3

I think if you agreed to the promoted job then you can still leave after 3 months but might have to pay compensation. Definitely
check with Citizens Advice to be sure though.

Answer 4

I went to a employment tribunal for something simliar.

Even if you havent signed the contract,but havent made any written complaints or objections about it,your employers will argue that you accepted its terms and conditions and therefore it is valid.

You can only take them to a tribunal but you'll lose unless you objected to it.

Answer 5

Anything with your signature on it is legally binding!
Seeing as you did not sign it, your emplyor has no proof that you've even seen this contract, I think he/she is trying to keep you anyway they can.
You have to abide by the contract you've signed, but not the new one.
For more info talk to The Citizen's Advice Bureau, they'll be able to help you more!
Good Luck and don't let your emplyor mess you around! xxx

Answer 6

I'm pretty sure that's absolute bollocks, tell your dumbass boss they can see you in court if they're trying to hold you to an unsigned contract. Sorry it makes me so mad that people like that can get away with things like that and have been put in such a position to do so. Stick up for yourself you are in the right :)

Answer 7

If you have completed an application or provided a resume, the answer is YES. You can, however, have the contract voided by going to court.

Ultimately, in the U.S. we don't chain you to your desk so you can stop working at any time for anyone. Just be prepared for possible consequences.

Answer 8

Smack your boss in the face, then ask him if you have to stay for 6 months! lol

Seriously though you can NOT be forced to serve 6 month notice.
The maximum by law is 12 week.

Answer 9

I would think they would have you by verbal consent... since you accepted the pay and the job if it was written when you took the promotion. If it was written in after you gave your resignation, they can't hold you to it. Good luck !

Answer 10

unless you have taken money in advance or had paid holidays they cannot make you work any longer than a week's notice. no contract has been signed and i doubt it would stand in law. see citizen's advice

Answer 11

if you did not sign a contract saying that then they can't hold you to it.