How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48161
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Law Question Here...
Ben Jones is online now

Is an employment contract legaly binding without the perspective

Resolved Question:

Is an employment contract legaly binding without the perspective employee's signiture
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Can you please explain your situation in a bite more detail
Customer: replied 2 years ago.

I worked paart time for 1 week and resigned, the compony claim that as i have read a generick contract ( on a compony ipad) , that they concider that as contract signed and tberefor liable to work 4 weeks notice. As in the turms of their contract.

Expert:  Ben Jones replied 2 years ago.
Did you know of this contact when you started the job and did you take on the job based on what was in that contract?
Customer: replied 2 years ago.

No, it seemed like a good job.

Expert:  Ben Jones replied 2 years ago.
It is possible to be bound by a contract even if you had not signed it. However, for that to happen the employer would need to show that you had actually accepted the contract in question. For example, if you were shown a contract when you started and based your acceptance of the job on that, or had started to work under some of its terms, like getting paid as agreed, or taking any other benefits under the contract then it could be implied that you had accepted it but it may be difficult to prove by the employer. If the employee fails to honour this notice period then they will be acting in breach of contract. The employer then has the option of suing the employee to seek compensation for damages resulting from their breach. However, in reality such claims are very rarely made. This is mainly due to the costs and time involved, also the relatively small damages that can be recovered. Also the employer has to show that actual losses have been incurred and often that is not easy to do. So whilst there is no way of predicting whether the employer will take this any further or not, chances are that they will not. A more likely outcome is that the employer refuses to provide a reference in the future or if they do, it could mention that the employee had breached their contract. The employer cannot actually force you to work through your notice period. If no contractual notice period clause exists, an employee who has been continuously employed for at least one month is required to give a minimum notice period of one week in order to terminate their employment. I hope this has answered your query. Please take a second to leave a positive rating, or if you need me to clarify anything before you go - please get back to me and I will assist further as best as I can. Thank you
Ben Jones and other Law Specialists are ready to help you