Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Were there any terms of the second contract which you had accepted, either directly or by starting to work under them?
the second contract would only be binding if you had accepted it. This could have been done in one of two ways – either by a direct acceptance where you signified you were happy with it (regardless of whether it was signed or not), or if you had implied that you accepted it. An implied acceptance would be in place if you had behaved in a way which would suggest that you accepted its terms, for example you started working under the other terms of the contract (let’s say you also received a pay rise with it and you accepted the increased pay). In your case you did not accept the contract directly, in fact there is evidence you were unhappy with it and had challenged its terms. You also did not imply an acceptance as there were not any specific terms which you had simply gone along with and agreed to so in this case the first contract should be the one that applies.
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