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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47343
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I'm 17, I was employed as a Christmas temp in october 16 and

Resolved Question:

I'm 17, I was employed as a Christmas temp in october 16 and am still working without a contract. I have been told I have to apply for my job to get a contract. Do I have any rights?
Submitted: 2 months ago.
Category: Employment Law
Expert:  Ben Jones replied 2 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 2 months ago.

What are you hoping to achieve by getting a contract, is there a disputes over the terms you are working under?

Customer: replied 2 months ago.
The rate of pay has been advertised as a higher rate than I am being paid. I have been treated unfairly by not getting the correct breaks for my age and the manager is often unprofessional in the way she talks to me.
Customer: replied 2 months ago.
I want to hand in my resignation do I have grounds for
Constructive dismissal if I don't have a contract?
Expert:  Ben Jones replied 2 months ago.

You cannot claim constructive dismissal unless you have 2 years’ continuous service so that won’t be an option here anyway, whether you had a contract or not.

In terms of your rights relating to a contract, the employer has a legal obligation to issue you with a written statement of employment particulars. This is not the same as a contract but it contains many of the details which you would expect to find in a contract. More details on these here:

https://www.gov.uk/employment-contracts-and-conditions/written-statement-of-employment-particulars

So you can legally expect them to provide this within 2 months of you starting to work there. You do not have to apply for your job to get that and you can demand that they issue you with this in the circumstances as it is their legal obligation.

I trust this has answered your query. Please take a second to leave a positive rating by selecting 3, 4 or 5 stars above - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please reply on here and I will assist as best as I can. Thank you

Customer: replied 2 months ago.
I'm sorry I just need to clarify one thing do I have any rights to getting a contract because I have been there for over 7 months as a top performer?
Expert:  Ben Jones replied 2 months ago.

Whether you have been there 7 months or 7 years, there is no legal right to be issued with a contract but you do have the right to the written statement of particulars, which as mentioned has many similar contents to a contract. Hope this clarifies?

Customer: replied 2 months ago.
Thank you
Expert:  Ben Jones replied 2 months ago.

You are most welcome

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