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.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 71382
Experience:  Qualified Solicitor
29905560
Type Your Law Question Here...
Ben Jones is online now

Ve been employed with the same company for approx 18years

This answer was rated:

Hi my name is*****'m 69 I've been employed with the same company for approx 18years and they have just asked me to sign a contract. I now only work 4days it's a small family Ltd company, they say I have to sign!!! I also draw my pension your help would be much appreciated.
JA: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: No
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: I'm an employee and don't belong to any union
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Yes

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

Hi there. Do you have an existing contract? If so, how does the new one differ? Please also tell me what reason the employer has provided for asking you to sign a new contract?

Customer: replied 17 days ago.
I have no previous contract they said there accounts said we have to do it!!

OK and is there anything in the contract that concerns you?

Customer: replied 17 days ago.
Ok

Just a quick clarification on phone calls – the pop-up offering you the chance to request one is automatic and I have no control over it. Therefore, if you request a call back there is no guarantee that I, or anyone else, would be available to fulfill it. At present, due to outside commitments, I cannot take calls but your request is open and visible to all other experts. If someone is available, they will accept it and call you, but if no one is free, then it will remain open until it is accepted or you decide to cancel it. In the meantime, you have already paid for a written response and that is the part I will continue helping you with as soon as you can tell me if there is anything in particular that concerns you about the new contract, and what your specific question in relation to this is so that I can best advise?

Ben Jones and 2 other Law Specialists are ready to help you

Hello, I was wondering if you have had a chance to consider my query above please? I will need your response before I provide an accurate answer to your situation. Thank you and I look forward to hearing from you.

Without the requested information, I can only provide you with the following general response, which will hopefully still answer your query.

I am not sure if there is a particular reason for you not wanting to sign a contract but the employer does have a legal duty to issue you with what is known as a written statement of employment particulars. This is similar to a contract and it is basically a written statement which contains all the main terms of your employment relationship.

The following must be included in the statement:

- the employer’s name

- the employee’s name

- the start date of employment

- the date that ‘continuous employment’ (working for the same employer without a significant break) started for an employee

- job title, or a brief description of the job

- the employer’s address

- the places or addresses where the employee will work

- pay, including how often and when it will be paid

- working hours, including which days the employee must work and if and how their hours or days can change

- holiday and holiday pay, including an explanation of how its calculated if the employee leaves

- the amount of sick leave and pay

- any other paid leave

- any other benefits, including non-contractual benefits such as childcare vouchers or company car schemes

- the notice period either side must give when employment ends

- how long the job is expected to last (if it’s temporary or fixed term)

- any probation period, including its conditions and how long it is

- if the employee will work abroad, and any terms that apply

- training that must be completed by the employee, including training the employer does not pay for

Whilst no one can force you to sign it, if you refuse to do so but still continue to work under its terms, you will eventually be considered to have accepted it anyway, under what is known as an ‘implied acceptance’.

Customer: replied 15 days ago.
Thank you for all your help/advice-David harvey

You are most welcome. If you have any further questions about this then please do not hesitate to get back to me and I will be glad to help. All the best