Employment Law - Have they broken it? If so what do I do?

Question

Applied for a job, had the interview (quickest, most informal one I've ever had) and he offered me the job on the spot and told me to call him the next day to advise him of my decision.

Due to the better pay and better hours I decided to go for it and handed my notice in. When I called the bloke back to confirm I asked if he could put me something in writing.

This hasn't as yet materialised and I called last week and asked again and the answer I got was 'do you need something? Oh I'll draft something up!'

It's still not come.

I thought by law you had to confirm in writing an offer of employment along with a valid contract of employment?

Please help!!!

Uk answers only please :)

I am not doubting if i have a job there, just thought that there were certain procedures by law companies had to go through i.e. sending an offer letter and contract? x

I have HR background and it always what companies i've worked for have done. Not sure if that was due to law or just good business practise. Just doubting the reputability of the company now :(

Answer 1

The verbal offer of a job is a contract in employment law. The stuff that you need in writing are the written terms and conditions of employment and your employer has to provide these to you within 8 weeks of commencing the job. www.acas.gov.uk tells you all this and also outlines what written terms have to include.

Answer 2

Regretfully, this is a bad position. It is solvable.

A verbal offer of employment is not binding, a written letter of offer is the thing you want. Until you get that, they have no agreement with them.

By law, an offer of employment needs to be in writing, therefore as yet, they have technically not offered you a job.

Furthermore, your former employer is under no obligatyion to re-hire you. You cannot recinde a leave notice, but some diplomatic negotation can help with that. See Below.

You need to get a written offer of employment before it is binding.


Therefore:
1) Get on the phone, speak to the potential new employer and politely request written confirmation of the offer of employment. Explain that you have not had written agreement thus far, and would need it within 7 days. Staying polite, add that if you don't get written offer within 7 days, you are withdrawing the application. Ussually, if they are eager to have you, they will get in gear.

2) If, after the 7 days they have sent the offer, then you have all you need and continue. Please remember the lesson of not resigning your old position until you have the new one in writing.

3) If, after the 7 days the have neglected to, phone them to explain that you have requested written offer of employment, yet you have not received, therefore you are withdrawing your offer. It is important to resist the temptation to offer them more chances or agree to wait longer. They have had fair chance.

4) If required, see about getting back to your old place. You need to speak to them, emphasize how good you were, and that this has fallen through as they have not been polite to follow up on their verbal offer. If you are a good employee, they are likely to take you back (It costs less to rehire you than hire a new person and train them in the job).

I hope this serves as a lesson that you should not leave a position until a new position is secured with written confirmation.

If you want further advice regarding this, You can get free e-mail advice via my profile

Answer 3

English contract law states that most contracts do not have to be in writing.

The agreement between the parties is the contract and this is legally binding. The contract documents are evidence of the contract.

Some employers dont to like issue contracts in writing because they think they are then legally bound. True they are but they are also legally bound by what they say

Answer 4

the united kingdom regulation is a 20 minute smash each and every 6 hours legal minium. as nicely you're entitled to an eleven hr smash between shifts and 24 hrs off in any 7 day era (doesnt could be a monday to sunday week) There seems to be somewhat some confusion regrding minimum breaks so I even have in simple terms regarded it as much as ensure I gave you the appropriate answer and that i did. The minimum is 20 minutes in a six hour era as nicely 'the smash can't be taken on the beginning up or end of that era'. sort in working Time Directive in google and it's going to coach you that im acceptable.

Answer 5

I changed jobs recently and waited until I had written confirmation of the offer before handing my notice in, but didn't get the contract until asfter I started - I think a contract has to be given to you within 30 days of your start date

Answer 6

A job offer is ONLY valid if it's in WRITING. And then a formal WRITTEN Contract backs the written offer up.

I have only handed in my notice to my present employers when I have the Contract in my hands.

Answer 7

Ok, difficult this one. If he HAS broken the law, you're still screwed as there will be no 'evidence' of a verbal agreement (unless you tape a telephone conversation) and then you have to get the words out of his mouth.

On the other hand you could actually go and see him face to face to let him know you're still interested. And if ALL else fails, there is my way........................

Put his windows through after dark, his shop, factory, house, car whatever, but that's me, not to be toyed with lol

Answer 8

First things first...rescind your resignation! Check your states laws of employment. I am not certain, but I do not believe that most states require employers to submit an offer of employment in writing.

Answer 9

its considered good practice, but a verbal contract is legally binding so there is no legal requirement to.

Answer 10

if u live in the U.S. here is the telephone number to the U.
S. labor board--1-866-487-9243 hopefully they can help u.