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UK Employment Law
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Hi there, I have been working in my current roles for 6months.

I signed a letter of...
Hi there, I have been working in my current roles for 6months. I signed a letter of intent to join which included holiday, wage and payment period. I have not signed a contract since joining and now would like to leave.
Am unsure if any terms in my contract legally bind me even if I haven't signed? I asked my employer to go self employed and is the reason I have never signed.

Thanks
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Answered in 2 minutes by:
6/11/2013
Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
Satisfied Customers: 48,538
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.
Before proceeding please note that as I am a practising solicitor, I am often in and out of meetings, travelling between clients or even at court when I pick your question up. This may even occur at weekends. Therefore, I apologise in advance but there may be a delay in getting back to you and providing my advice. Please be patient and I will respond as soon as I can. You do not have to wait here and you will receive an email when I have responded. For now please let me know what your spesific question is.

Customer: Hi Ben,
Customer: I have been in my role for 6months and have not signed a contract. I signed a letter of confirmation that included wage, holiday and confirmation of payment. I'm desperately unhappy in this role and would like to leave. I have signed no contract and have no idea what is illegally binding by me just being here, without signing a contract. Am very senior.
Customer: i am looking to hand my notice in shortly and wood like to understand my legal standing.
Ben Jones :

Thank you for your patience. What terms of the contract are you particularly concerned about?

Customer: I have never signed one. So have no idea on terms or what they may be. If I haven't signed a contract would that mean standard employment terms would apply to me? Thanks
Ben Jones :

If you have not signed a contract then you will be bound by certain general statutory principles as well as any terms which you had agreed to, such as those contained in the letter of intent.


 


If you wish to leave, the main issue in these circumstances would be what notice period you are required to give. No one can stop you leaving but you have to give appropriate notice. In the absence of a contract, you would be expected to give the minimum statutory notice period of 1 week. I suggest you submit that in writing to the employer and then your employment will automatically terminate once that period has expired.


 


You would then be paid up to your last day of employment, including any accrued holidays.

Ben Jones :

Is that what you wanted to know or do you need me to clarify anything?

Customer: I think that answers it perfectly Ben. Many thanks
Ben Jones :

My pleasure, all the best

Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
Satisfied Customers: 48,538
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Ben Jones
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Ben Jones, UK Lawyer
Category: UK Employment Law
Satisfied Customers: 48,538
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Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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