Employment - where do you stand with no contract?
10 September 2007, 12:33 PM
#1
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Employment - where do you stand with no contract?
This is slightly hyperthetical but as an employer, where do you stand with employees if they have no contract of employment.
For the last 12 months some members of staff have taken the urine so theres consideration being made to not paying bonuses, freezing wage increases and in extreme cases, putting them on 3 month notice to sort themselves out or find alternative employment.
For the last 12 months some members of staff have taken the urine so theres consideration being made to not paying bonuses, freezing wage increases and in extreme cases, putting them on 3 month notice to sort themselves out or find alternative employment.
10 September 2007, 12:37 PM
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10 September 2007, 12:37 PM
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This is slightly hyperthetical but as an employer, where do you stand with employees if they have no contract of employment.
For the last 12 months some members of staff have taken the urine so theres consideration being made to not paying bonuses, freezing wage increases and in extreme cases, putting them on 3 month notice to sort themselves out or find alternative employment.
For the last 12 months some members of staff have taken the urine so theres consideration being made to not paying bonuses, freezing wage increases and in extreme cases, putting them on 3 month notice to sort themselves out or find alternative employment.
No contract, no contractual employment rights mate. There is no agreement for either party to honour.
You are still subject to civil and common law though.
I suggest you do as the above poster says too though!
Ns04
10 September 2007, 12:42 PM
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After a certain period of time you qualify for an "insinuated" arrangement, though. What this preid of time is, I am not sure, but you certainly get certain employee rights, contract or not, after a period of time.
10 September 2007, 12:47 PM
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By law you're entitled to have written terms and conditions within two months of starting work.
10 September 2007, 12:54 PM
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Every employee has a statutory right to a written contract of employment (Employment Rights Act 1996). Here's the CIPD's advice if people don't have one:
Do all employees need written contracts?
It is best practice to have written contracts and most employers do. However, it is not compulsory for employees to have their entire contract in written form. A contract of employment is a legally binding agreement between an employer and an employee which may be oral or in writing.
Although contracts of employment do not have to be in writing, under section 1 of the Employment Rights Act 1996, certain particulars do have to be put into writing within two months of the start of the contract.
This 'written statement of employment particulars' advises the employee of the more important aspects of the contract of employment. There is no small-employer exclusion in relation to this requirement to provide a written statement.
What happens if we do not provide a written statement of employment particulars?
If the employee requests the written statement and it is not provided, this may lead to an application to an employment tribunal who may:
Do all employees need written contracts?
It is best practice to have written contracts and most employers do. However, it is not compulsory for employees to have their entire contract in written form. A contract of employment is a legally binding agreement between an employer and an employee which may be oral or in writing.
Although contracts of employment do not have to be in writing, under section 1 of the Employment Rights Act 1996, certain particulars do have to be put into writing within two months of the start of the contract.
This 'written statement of employment particulars' advises the employee of the more important aspects of the contract of employment. There is no small-employer exclusion in relation to this requirement to provide a written statement.
What happens if we do not provide a written statement of employment particulars?
If the employee requests the written statement and it is not provided, this may lead to an application to an employment tribunal who may:
- determine what the particulars should have been from the surrounding facts, and
- award compensation* which will be at a level of either two or four weeks pay up to the current statutory maximum.
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You mean I've been being exploited in my post as lord chief justice all these years???? 
10 September 2007, 01:26 PM
#10
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I don't see why the pay freeze and no bonus can't happen. Its not like they are being sacked for being crap at their jobs.
The other issue is, if proper contracts are drawn up for them, what happens if an existing employee doesn't like the terms.
The other issue is, if proper contracts are drawn up for them, what happens if an existing employee doesn't like the terms.
10 September 2007, 01:29 PM
#11
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[QUOTE=Drunken Bungle *****;7241176]which will be at a level of either two or four weeks pay up to the current statutory maximumQUOTE]
That doesn't seem like alot of money? One months wages would be acceptable cost. Probably cost more to get the contracts written up.
That doesn't seem like alot of money? One months wages would be acceptable cost. Probably cost more to get the contracts written up.
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