i was given a 1 years provisional contract when i started since then ive had a pay rise and ive had no problems at work. from then on i was under the impression i was perment employee even though ive not had another contract stating this but apparently ive been working for the last 10 month without a contract they said it had been mislayed and now they have given me a rolling monthly contact to sign because work is slack in the IT field. Now i know that they have given the push to other employees who have the same type of monthly contract who have only worked for the company for 6 months or more and im wondering if i sign this contract , even though ive worked for the company for 22 months can they let me go just because thers not enough work to go around for the next couple of months.
2006-11-04 11:52:02 · 7 answers · asked by darren 1 in Business & Finance ➔ Careers & Employment
first of all it does not matter that you do not have a written contract. for the last 22 months you have been expected to turn up for work at a certain time and leave at a certain time and been paid continuously then in law you have a contract of employment. if the company after 22 months wants you to sign a new contract then the old contract though not written is terminated and this is a dismissal in law if you do not agree. if you agree to sign this contract then yes they can give you the push at the end of the month. if you dont and you are given the push anyway they are making you redundant and if they do not follow the correct procedure you would make a claim at employment tribunal for unfair dismissal/redundancy. a lot of inexperienced companies do this. they can make you redundant within 2 years of your employment simply by informing you by letter and having a discussion about alternative options to redundancy if there are no alternatives then you are redundant and it hasn't cost them a penny so there really is no need for the new contract. a lot of companies like this end up at tribunal because they do not follow simple acas guidlines. follow the link for more info. just for the record i would tell them that i would not sign the new contract.
2006-11-05 07:45:21 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Sometimes you will have to sign a new contract when you get a pay rise. this should only change the amount of wages you get ,but not your conditions of employment. It seems that they have you over the barrel as the original contract was a one years provisional contract. They should have sorted out your contract again after this period of time. You will have to sign the one month rolling contract I'm afraid, as you don't have current contract that is legally binding, and they could dispense with your services straight away if they wanted to. I would use the time available to look to other employment as this job seems to be going nowhere. Good luck and I hope that things work out for you.
2006-11-04 12:14:35 · answer #2 · answered by hakuna matata 4 · 0⤊ 0⤋
Stuart is dead right with what he says. As to whether they can let you go, the answer is yes, I've never seen a contract of employment which guaratees you a job, and I've seen people let go who had 20+ years in for a company. Being permanant would however give you more rights to redundancy payments were the worse to happen, and I would sign the contract if I were you, assuming it's OK having read it.
2006-11-04 12:03:53 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Here's a more important question: if you DON'T sign the contract, will your employer feel the need to keep you on even though you are working without a contract?
That's a tough one.
However, until you have a contract stating you're permanent, you're on the edge, and cannot count on your employer to treat you like a permanent person.
2006-11-04 11:55:19 · answer #4 · answered by Stuart 7 · 1⤊ 0⤋
English law states the employer MUST issue a contract after 1 years service, it MUST detail the duties and conditions of employment.
If you are in a union get them to read the contract before you sign, if you are not in a union join now!
2006-11-04 12:10:31 · answer #5 · answered by tattie_herbert 6 · 0⤊ 1⤋
I'm not a legal eagle, but it sounds like the contract is more for their benefit than yours. I'd sign it (since you probably don't have a choice) but I'd be updating my resume and get it out in the field.
2006-11-04 11:57:29 · answer #6 · answered by Momma Jo 6 · 1⤊ 0⤋
appears like they'll finally pay u.. call your state branch of exertions in the event that they save putting you off. If that would not artwork call a lawyer.. One could help probono in that style of problem
2016-10-21 06:48:19 · answer #7 · answered by connely 4 · 0⤊ 0⤋