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Ask taratill Your Own Question
taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6390
Experience:  15 years experience of advising on employment law matters
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Do you have to be issued with a contract of Employment for

Resolved Question:

Do you have to be issued with a contract of Employment for it to be valid?
Submitted: 3 years ago.
Category: Employment Law
Expert:  taratill replied 3 years ago.

taratill :

Hello my name is XXXXX XXXXX I am happy to help you today. Please can you explain your situation in more detail?

Customer:

I have been dismissed from employment recently as a temporary worker but I was promised a permanent contract on January 1. However because the contract had not been issued or signed I was told that I wasn't entitled to any severance payment. I also have it in writing that I was going to be issued with a contract from January 1 2014.

taratill :

Ok when did you originally start work with the employer?

Customer:

September 1 2014.

taratill :

Sorry do you mean 2013?

taratill :

regardless of whether you have been issued with a contract or not, after you have been employed for one month you are entitled to be given notice of termination of employment. Statutory notice between one month and one year is a weeks pay. You can be required to work the notice.

taratill :

If you have not been paid this then you can bring a claim for payment. The claim is known as wrongful dismissal and you will find the claim form at www.employmenttribunals.gov.uk.

taratill :

You should write to the employer to request the money first.

taratill :

You are also entitled to a payment in lieu of outstanding accrued holiday pay (if applicable).

taratill :

If you have any further questions about this please do ask.

Customer:

I'm a teacher and normally the statutory notice would be a full- one- term. Am I entitled to this?

taratill :

Hi that won't be statutory notice, it is contractual notice. You can certainly argue that you are entitled to the payment in breach of contract, particularly if you have written proof that you were going to be offered a permanent contract which contains a term's notice provision.

taratill :

I would suggest you write to ask for it and if it is not paid you can submit a claim in the employment tribunal in breach of contract. If you have evidence to support the fact that a permanent contract was supposed to be in place then it is likely that a tribunal will find that the employer is bound by the terms of paying the notice pay.

taratill :

All the best withthis.

taratill :

If you have any further questions please do ask.

Customer:

Thank you so much. I will follow up with your advice.

taratill :

No problem, please remember to take the time to rate my answer. If you need me again in the future please ask for me by name,

taratill :

all the best.

taratill and other Employment Law Specialists are ready to help you