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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 63475
Experience:  Qualified Employment Solicitor
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Is my employment contract void if my employer demanded I

Customer Question

Is my employment contract void if my employer demanded I sign it
1. Before the monthly payroll or I may not get paid?
2. Tmi had been given a £5k pa pay rise, subject to signing the new contract
I want to leave and don't want grief on the restrictive covenants etc
Thank you
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.

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

Expert:  Ben Jones replied 2 years ago.

Was the pay rise implemented?

Customer: replied 2 years ago.
Expert:  Ben Jones replied 2 years ago.

It is not legally necessary for a contract to be signed for it to be valid. There can be an implied acceptance still, even if nothing was signed or there was not even a contract in writing. This would depend on a case by case basis but generally it would occur where the actions of the parties suggest that they had agreed to the terms of that contract. In your case you may have been asked to sign a contract before you were paid and before a pay rise was implemented but assuming the payments were made, you accepted them and did not challenge them in any way, there would most likely be an implied acceptance, even if you did not actually go on to sign the contract in question.

So even if you did not sign the contract, accepting the conditions which would have resulted from its signature can give rise to an implied acceptance, although only a court can decide if that was actually the case.

Please take a quick second to leave a positive rating for the service so far by selecting 3, 4 or 5 stars above. I can continue answering follow up questions and in particular can also discuss the law on restrictive covenants and how their enforceability is determined. There is no extra cost for this - leaving your rating now will not close the question and means we can still continue this discussion. Thank you

Expert:  Ben Jones replied 2 years ago.

Hello, I see you have read my response to your query. Please let me know if this has answered your original question and if you need me to discuss the next steps in more detail? In the meantime please take a quick second to leave a positive rating by selecting 3, 4 or 5 stars above. The question will not close and I can continue with my advice as discussed. Thank you

Expert:  Ben Jones replied 2 years ago.

Hello, not sure if you are having trouble seeing my posts? Do you need any further assistance or are you happy with the response to your query? I look forward to hearing from you. Thanks