What's my employment status
Author
Discussion

covmutley

Original Poster:

3,354 posts

219 months

Friday 12th April 2013
quotequote all
I resigned from my job last September. 1month notice but this was extended by an extra month In the end i never left and am still with the same company now. I presume that because I resigned I don't have a contract?

Cheers for any advice

mondeoman

11,430 posts

295 months

Friday 12th April 2013
quotequote all
You carried on being paid, so your employment was never terminated (unless of course you did leave, even if it was just one day), so your original contract is still in force.

If you had a day when you weren't paid, then you are still employed, but it could be argued that you don't have a contract as such, but you would still be protected (or not) by the relevant employment law.

IMHO. IANAL.

edc

9,620 posts

280 months

Saturday 13th April 2013
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You've answered your own question with "I never left". If you want to resign then give the notice in your contract. Arguably, you could leave immediately as you have served your notice.

covmutley

Original Poster:

3,354 posts

219 months

Saturday 13th April 2013
quotequote all
Thanks. I'm not leaving but wondering if I still have the benefits of protection afforded by my contract and employment law. I have been there over 2 years.

Edited by covmutley on Saturday 13th April 07:15

MagicalTrevor

6,481 posts

258 months

Saturday 13th April 2013
quotequote all
IANAL, but all you've done is given notice that you're intending leaving. You've not left/had an exit interview/formal exit then you've not left and your contract still applies.

Out of interest, why did you hand your notice in but then not leave?

BE57 TOY

2,628 posts

176 months

Saturday 13th April 2013
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You're employed by implication by your employers actions.

mph1977

12,467 posts

197 months

Sunday 14th April 2013
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BE57 TOY said:
You're employed by implication by your employers actions.
this and it;scontinuous service on the basis of what the OP has said

anonymous-user

83 months

Monday 15th April 2013
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A contract is not a piece of paper that has "contract" written on it. OK, some contracts are, but not all are. My point is that a contract is an agreement between two or more parties, and that agreement can be made by speech, in writing, by email, text, etc, or by conduct.

OP, you remain employed on your original terms, and have continuity of employment dating back to when you first started with your employer.

IAAL, but IANYL.


mph1977

12,467 posts

197 months

Monday 15th April 2013
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Breadvan72 said:
A contract is not a piece of paper that has "contract" written on it. OK, some contracts are, but not all are. My point is that a contract is an agreement between two or more parties, and that agreement can be made by speech, in writing, by email, text, etc, or by conduct.

OP, you remain employed on your original terms, and have continuity of employment dating back to when you first started with your employer.

IAAL, but IANYL.
Breadvan makes a very valid point , the amount of of posts on PH where people claim "I never have had a Contract , just a Letter appointing me" - and a employee handbook, and library of HR policies on the firms intranet if you could be arsed to find / read )...

covmutley

Original Poster:

3,354 posts

219 months

Monday 15th April 2013
quotequote all
Cheers all, some interesting comments.