Contract of employment question
Discussion
Might be talking complete nonsense but ...
You're offering work, and the employee has accepted it by turning up for work? Does this not fall under acceptance by performance on his part?
Offer and acceptance does not always need to be expressed orally or in writing. An implied contract is one in which some of the terms are not expressed in words. This can take two forms. A contract which is implied in fact is one in which the circumstances imply that parties have reached an agreement even though they have not done so expressly.
You're offering work, and the employee has accepted it by turning up for work? Does this not fall under acceptance by performance on his part?
Offer and acceptance does not always need to be expressed orally or in writing. An implied contract is one in which some of the terms are not expressed in words. This can take two forms. A contract which is implied in fact is one in which the circumstances imply that parties have reached an agreement even though they have not done so expressly.
Difficult without knowing all the details, however IIRC:
You are under a legal duty to provide the employee with a written statement of main employment particulars within two months of the start of their employment with you. Even if you have not provided a written contract, you should provide details such as Employers name, place of work, Job Title, salary, holidays, start date, hours of work etc within 2 months.
How long was their probabtionary period? 3 months?
Without knowing exact details it is a bit difficult, but generally if an employee works for you and accepts payment for their work without having signed their contract, it could be argued that by accepting payment the are deemed to have accepted the terms. This may depend on exactly how long this has been going on.
At the end of the day, if you cannot resolve what they are not happy with and they want to leave by giving 1 weeks notice, is it really worth spending the time trying to force someone to stay in a job they do not want to be in?
You are under a legal duty to provide the employee with a written statement of main employment particulars within two months of the start of their employment with you. Even if you have not provided a written contract, you should provide details such as Employers name, place of work, Job Title, salary, holidays, start date, hours of work etc within 2 months.
How long was their probabtionary period? 3 months?
Without knowing exact details it is a bit difficult, but generally if an employee works for you and accepts payment for their work without having signed their contract, it could be argued that by accepting payment the are deemed to have accepted the terms. This may depend on exactly how long this has been going on.
At the end of the day, if you cannot resolve what they are not happy with and they want to leave by giving 1 weeks notice, is it really worth spending the time trying to force someone to stay in a job they do not want to be in?
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