No written contract

[jonathanbb]

Hi

 

 

I hope someone can help me. In April last year I was offered employment by a small company which I accepted. When they made the offer, the told me how much I would be paid, leave periods, what I would do (all the good things) I accepted this offer. About 2 weeks ago the MD gave me a Statement of main terms of employment and asked me to sign it. I am really not happy with this as it states that I need to give 3 months notice if I resign which I think is totally unreasonable. If I had been told this at the interview, I probably would not have taken the job.

 

Do I have to sign this and if I take it up with him can he fire me for not signing it. Also if I decide to leave before signing it, do I have to give the 3 months notice or can I just give the statutory 1 weeks notice. I know that he was supposed to give me the notice within 2 months so he is already wrong there. The conteract also does not have his original signature but both mine and his are photocopied.

 

Just to give more information, one of my colleagues resigned a couple of months ago and only gave a months notice so he was only paid a third of his salary. That was the first that I heard that this company expected 3 months notice but I did not know it applied to everyone.

 

Thanks for the advice.

Jonathan

[Conniff]

Hi Jonathan.

 

By law you only have to give 'one weeks' notice unless your contract says otherwise.

 

Your employer has to give you:

 

one week if you have worked for one month but less than two years; or

 

two weeks if you have worked for two whole years; and

one additional week for each further whole year's employment at the date the notice period expires, up to a maximum of twelve weeks' notice in total.

 

So at this time you have to give three months and your employer has to give only one week.

 

Does your job have training which he will be paying for? as this is a usual contract period so that he can get some return on what he has paid out.

 

If there is no training and nothing that will cost him money, then I think you should tell him this is unfair and that you will only sign your contract if he gives you the same terms as he enjoys.

[jonathanbb]

Hi

 

Thanks for the reply.

 

The contract states that he has to give me 3 months notice so in that way it is fair in that we both would have to give 3 months.

 

But I have not agreed to the 3 months as I have not signed the contract yet and was not told this when he offered me the job. What I am really asking is if I could be held to terms that I have not agreed to and to which I wont agree.

 

Thanks