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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47907
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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We started work on the 17th February on the promise that our

Resolved Question:

We started work on the 17th February on the promise that our contracts of employment would be sent out in the post. Todate we have not received any contracts of employment. My concern is that we should be paid on the 25th March, if we accept payment, does that mean we accept all the Terms & Conditions of employment even if we have not had sight of the Contract
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.

Ben Jones :

Have you contacted your employer about this please?

Customer:

Yes I have repeatly requested our contracts, I have also furnished them with our bank details to process our salary payment

Ben Jones :

OK, thank you, XXXXX XXXXX this with me - I will look into this for you, get my response ready and get back to you on here. No need to wait around and you will get an email when I have responded, thank you

Customer:

Thanks

Ben Jones :

Many thanks for your patience. As far as the law is concerned, an employer is obliged to issue employees with a written statement of employment particulars within 2 months of starting employment. This is not a contract but it would contain many of the terms found in a contract. Legally there is no requirement to issue a contract of employment as long as the written statement is issued.


 


In relation to your specific situation, if you have not had sight of any of the contractual terms and conditions, then it would be difficult for the employer to argue that you have accepted its terms, even if you accept your first payment. The payment would be in return for the work you have carried out to date but it does not automatically imply acceptance of the specific contract under which the employer had intended to employ you, especially if you have not seen its terms.


 


So you can accept payment, knowing that until you have seen the contract and its contents you are unlikely to be bound by them. Also remind the employer that by the middle of Aril they should have issued you with the written statement of employment particulars. You can read more about what should be included in it here:


 


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


 

Ben Jones :

Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? Thanks

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