Employment Contract - where do I stand please (UK) 10 Points Best Answer.?

I joined my current employer in November last year and after 3 months I completed my probationary period. I was issued a contract of employment - 2 copies - one for me to keep (which hadn't been signed by the company yet) and one for me to sign for the company to keep.

I signed my copy and then left both copies on my Manager's desk for him to sign as he was on leave.

When he got back I was called into the office and told that they had now decided to extend my probationary period (much to my disgust), which wasn't put in writing and as such they said they wouldn't give me my contract signed by the company until I had completed another 3 months. They still have my signed contract though.

What I want to know therefore, is where do I stand - is the contract binding with regards to me as I have signed and dated it but not by the company, or as they chose to extend my probationery period and not give me a signed and dated copy of the contract is it actually void?

Your advice is much appreciated. Thank you.

Cari

I would argue that the contract is still binding (for both parties) regardless of whether they have actually signed it, as the fact that they offered it to you to sign is as good as entering into the agreement themselves.

However, if I'm wrong here, then it applies to neither party - it's not possible to enforce a contract for one party without enforcing it for the other.

In the UK, all companies by law have to provide you with a contract within eight weeks of your start date, so they are breaking the law by refusing to provide you with a copy until after you have completed your probation.

The reality is, though, that you still have pretty much the same protection under law whether you have a contract or not. And, unfortunately, if you're still on your probation then that basically amounts to *no* protection. If you had longer service you would have full employee rights, regardless of whether you have a contract.

The extension of your probation period shouldn't have any bearing on this situation. Also, I don't believe they are required to put anything in writing to you to let you know that you haven't passed - I believe telling you verbally is good enough. At my organisation, managers have to complete a sheet after a probationary review but it's placed in the personnel file rather than being provided to the employee themselves.

K.M.F.L

Hey
I know where your coming from as the exact same thing happened to me!
I was so wound up when they extended my probationary period. What I did was complain to the highest authority who helped me out by going through the terms and conditions of my contract and where I could go from there. Then I decided to seek professional advice (because they wouldn't reason with the fact that they were in the wrong) and my lawyer told me that I had a right to sue the company. This is because legally they should have signed and dated the contract at the same time I had and because they hadn't it was their fault.
I didn't sue them as in the end they admitted to being responsible and I got a full contract with no catches.
If you do all of this then you should be fine. Trust me no comapany likes it when you threaten to sue!
However, if they still stick by their guns then wait out the 3 months and find another and better contract in another company.
Good luck hope it all goes well =D If you like then e-mail me to say how you get on!

A contract of employment is formed the moment you accept a job offer and start working. This shows that you have accepted the terms that the employer offered the job on. The contract of employment does not have to be in writing, though most companies will issue it in writing as it makes everything clear. However, just because your employer has decided to extend your probation period does not mean you don't have a contract of employment.

What you are entitled to within 2 months of starting employment is a written statement of terms of employment.

The terms that you were employed by (which is probably all that the contract confirms) are legally binding. However, unfortunately employees don't have many employment rights until they have been employed for a year. So even if the company hadn't extended your probation period they could still have ended your employment within a year with little chance of action being taken against them for unfair dismissal or anything (sorry).

I guess the main terms which affect you would be things like holiday entitlement (which is a legal requirement in the UK so they can't avoid that) and the company's sick pay scheme (i.e. whether only SSP, or full pay after probation).

If your employer hasn't advised you in writing of the reason for extending the probationary period, I hope they have told you verbally why. Otherwise how can they expect you to show any improvement in the area of concern.

Frierdon

I started work with my new employer on 1st February 2011. I was told that I would have to work a three month probationary period, and if successful, I would then be offered a contract of employment. To date (9/5/11), I have not been given my contract. Where do I stand?

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