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Ben Jones
Ben Jones, UK Lawyer
Category: UK Law
Satisfied Customers: 44932
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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An employee (PAYE) did not sign their contract and has left

Customer Question

an employee (PAYE) did not sign their contract and has left the company - are they bound by statutory conditions (IE confidentiality etc etc)
Submitted: 1 year ago.
Category: UK Law
Expert:  Ben Jones replied 1 year ago.

Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. How long did they work there for and did they work under the other terms of the contract, like the role, pay, any other specific terms?

Customer: replied 1 year ago.
he was here for a year, worked under the terms of holiday entitlement etc
Expert:  Ben Jones replied 1 year ago.

The fact that a contract was not signed does not mean that it was not valid and cannot be enforced. What you could argue is that there has been an implied acceptance of its terms. This means that he has accepted it through his actions, even if he did not sign anything. This would usually occur where he has started to work under the terms of the specific contract. So if he has agreed to work in the role his contract stated he would work in, accepted payment under the contract, took holidays and did anything else which would have followed these terms, then there could be an implied acceptance of that contract and he could still be bound by all the terms within it, even if it was not signed at the start.

I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you

Customer: replied 1 year ago.
what I really need to know is are there statutory implied contract terms that he would naturally be bound under - IE confidentiality etc
Expert:  Ben Jones replied 1 year ago.

No, these are all conditions which they would need to be bound by under contract. There will be some confidentiality rules which may apply under law anyway, such as under data protection, but these are in the event he has in his possession personal details about individuals.

Expert:  Ben Jones replied 1 year ago.

Hello, I see you have read my response to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? If your query has been dealt with please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. If you need further help please get back to me on here and I will assist as best as I can. Thank you.