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joannem1965
joannem1965, Advocate
Category: UK Employment Law
Satisfied Customers: 264
Experience:  LLB (Hons), LPC
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Hi, I have just left my employment after working for them

Customer Question

Hi,

I have just left my employment after working for them for 18 months.
At the start of the employment I refused to sign the contract as I didn't agree with particular clauses.
In October 2012 the company was dissolved but continued trading albeit with a new holding company name. We weren't officially consulted about the dissolution and no new contract was issued.
I handed my notice in and on agreement with the employer worked one weeks notice.
The employer now wants me to sign an NDA agreeing to not disclose confidential information and not poach staff (for 12 months).
I was happy to sign the NDA but he issued a pre dated contract (dated as start of my employment ie Sept 2011). The terms are different from the original contract I received (but didnt sign).
I said I didnt want to sign the "NDA" he'd sent over as it's a pre dated contract.
My question is, do I have to sign anything and am I bound by a contract that wasnt signed and is for a company that is now dissolved. As no contracts were issued by the new company in October am I just bound by standard UK employment laws?
Thank you
Submitted: 1 year ago.
Category: UK Employment Law
Expert:  UKSolicitorJA replied 1 year ago.
Hello,

No, you cannot be forced to sign anything, especially so now that the company has been dissolved.

Yes, employment legislation would apply in the normal way to govern your employment.

Hope this helps. Please leave feedback
Customer: replied 1 year ago.

Thank you for getting back to me.


 


Can you please clarify something.


 


When the new company launched in October did that cancel out the old contract (even though it wasnt signed?)

Expert:  joannem1965 replied 1 year ago.

Hi there it depends on how your employment was transferred over. If the company was dissolved then usually that'll result in all contracts that it issued 'dying' with it. However if it was purchased by another company then it could be that a regulation known as Tupe would apply which transferred your old contract over. Just because you didn't sign the contract doesn't mean it wasn't valid though and if you'd worked under its terms then it could be implied you had accepted it. Whatever happens the NDA can't be forced on you

joannem1965, Advocate
Satisfied Customers: 264
Experience: LLB (Hons), LPC
joannem1965 and 2 other UK Employment Law Specialists are ready to help you
Customer: replied 1 year ago.

Hi,


Thank you for getting back to me.


The company wasnt bought by another, the owner simply dissolved the previous and reopened in another name. As he didnt issue a contract in the new name does that mean the previous contract died with the company and as no new ones were issued just standard employment rights apply?


Thank you for your help.


 

Expert:  joannem1965 replied 1 year ago.
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Customer: replied 1 year ago.

Thank you so much, that's a huge help.


 


Have a good evening.


 


 


 

Expert:  joannem1965 replied 1 year ago.
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