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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47340
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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, i am being made redundant. A couple of years ago I was

Resolved Question:

Hi, i am being made redundant. A couple of years ago I was issued a contract which extended my notice period to 12 weeks. I didn't sign it (nor did they) but have carried on in employment. I've been made redundant, and they are giving me 4 weeks notice as per terms and conditions of my original contract. I understand that since a contract was issued but not rejected, I've been working under the assumption that I would have 12 weeks notice and hence 12 weeks pay from the employer. is this right?
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Were the only changes to the contract the extended notice period?

Customer:

there was also a clause about being allowed to talk to press

Customer:

since it was originally issued, i had a rise confirmed with a letter that said 'all terms and conditions stay the same'

Ben Jones :

did you signify your acceptance to the contract in any way?

Customer:

no, just carried on working. the contracts are both at home. i never said no though

Ben Jones :

For a contract to be legally valid you must show that there was actually some form of acceptance. It is no always sufficient to say nothing and assume that by not rejecting it the contract had been accepted. The acceptance must either be express (where you specifically accepted its term and you signified this) or implied (where your actions imply that you had accepted it). For example, an implied acceptance would occur if you had been issued with a specific contract and had not expressly accepted it but you and the employer had continued working under its terms with no issues. The problem here is that you only had a couple of changes to the existing contract so you may not be able to show that you were specifically working under the new contract rather than the old one. There are no unique terms which you can show both you and the employer has followed for some time. So whilst you may have been working under the assumption that the new contract applied, the employer may have had different impressions as they never received an acceptance from you. You may argue that there was an implied acceptance but that is not black and white in this situation due to the factors mentioned above. So whilst you can raise that as an argument, if you were ti pursue it through the courts it would be slightly risky as t is not clear-cut that there was an implied acceptance here.


Customer:

would adhering to the contract (such as having talked to the press since it was issued, something that was previously barred) be an argument to show implied acceptance, along with having continued to work ? the employer is saying they have no record of the contract, but i have both my copy and their sat home

Ben Jones :

if you can point to specific terms of the new contract which were followed by both parties then it will certainly help your case.

Customer:

so worth making an argument, not worth taking to court?

Customer:

or an employment tribunal etc.

Ben Jones :

certainly can raise an argument, as to going to court, you may even go as far as making a claim (court not tribunal as it would be cheaper here) and seeing if the emploer will reconsider their position when faced with an actual claim but obviously up to you as to how far you want to go

Customer:

ok thanks. one more thing - if i wanted to make a claim, is there an easy online way to do that myself, or will i need to engage a solicitor?

Ben Jones :

www.moneyclaim.gov.uk

Ben Jones :

no solicitor needed at all

Customer:

great, thanks you

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