Employment Lawyers Can Answer Your Employment Law Questions
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?
there was also a clause about being allowed to talk to press
since it was originally issued, i had a rise confirmed with a letter that said 'all terms and conditions stay the same'
did you signify your acceptance to the contract in any way?
no, just carried on working. the contracts are both at home. i never said no though
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.
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
if you can point to specific terms of the new contract which were followed by both parties then it will certainly help your case.
so worth making an argument, not worth taking to court?
or an employment tribunal etc.
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
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?
no solicitor needed at all
great, thanks you