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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 50707
Experience:  Qualified Employment Solicitor
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I have worked my notice period and my employment contract is

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I have worked my notice period and my employment contract is about to terminate. The company has been trying to retain me, so there have been some verbal negotiations where I verbally demanded some provisions including a new employment contract. I was then made a verbal offer and then sent a text message asking me if I was happy to proceed on this basis. I advised the company by text message that I was happy to proceed and later that day I received an email stating that I would receive a new contract shortly, as it was currently being drawn up by lawyers. Attached to this email was a letter of updated terms, including some details of the negotiations. However, some of the wording of the terms was slightly surprising, which immediately made me think I would like to see the full contract before committing into a legally binding agreement. The letter stated “as of this date, please accept this letter as confirmation of the start of your new contract”. This is obviously referring to a contract which I have not yet seen or been able to comprehensively review. As such, I responded to this email by stating that “I accept, subject to contract”. My question is, have I sufficiently protected myself here, or did I already enter into this unseen contract prior to stating “subject to contract” in my email.
Customer: replied 7 months ago.
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Customer: replied 7 months ago.
Let me know if you need more information, or send me the service offer(s) so we can proceed.

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Do you believe they will introduce any major changes?

Customer: replied 7 months ago.
I'm not certain. I think it's possible there may be terms in the contract that we didn't negotiate verbally. There is a deficit of trust between myself and the company, which is one of the reasons why I was originally intending on leaving. I specified quite clearly in my verbal negotiations that I would require a new employment contract and the text message that was sent to me indicated that the contract was about to be sent to the CEO to be signed, so I told them to proceed. I was then expecting to receive a contract which I would review and sign. Instead I received an email saying that my new contract had started with a letter of updated terms attached, with the words "please accept this as confirmation of the start of your new contract". Alarm bells then rang for me so I responded stating, "I accept, subject to contract". This all happened within 1 day. Would it help if I could provide you with a copy of the text message / email?

If you could please that would be great. Then I can call you later this afternoon to discuss?

Customer: replied 7 months ago.
OK, Ben. That would be great. How do I get these documents to you? And will these documents be held privately (i.e. not published online)?

Everything here is public unfortunately. But I may not necessarily need it to be honest. We will chat about it later thanks

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