Staff Contracts - being signed and returned.
Staff Contracts - being signed and returned.
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Discussion

minghis

Original Poster:

1,579 posts

281 months

Thursday 8th September 2016
quotequote all
I spent a lot of money getting my staff contracts done professionally by an employment law solicitor. They were personalised and sent out to all staff some 8 weeks ago asking for them to read, sign and return a copy.

All except one have done so without issues. When I remind the individual it's not been returned the response was that they will but they are just getting it 'checked out' just to make sure it's OK. I have no problem with this other than it's taking quite a while, and this particular employee has been giving me some slight causes for concern with small but annoying things about their attitude and commitment.

How long should I wait, can I insist it's even returned? From what I understand having a signed contract isn't necessarily a legal obligation as general employment law covers these things but I can't help but feel a bit disappointed they can't or won't agree to what is in reality a standard, professionally done contract. It is, after all, designed to protect them as well as me.

Countdown

49,519 posts

226 months

Thursday 8th September 2016
quotequote all
If they are turning up and working for you they are deemed to have accepted the contract.

Collectingbrass

3,005 posts

225 months

Thursday 8th September 2016
quotequote all
Countdown said:
If they are turning up and working for you they are deemed to have accepted the contract.
Unless the letter with the new contract gave a deadline to raise objections or be deemed to accept (which the drafting solicitor really ought to have advised the OP to do) then it might be held that they are still working to the old terms. If this wasn't done then I suspect the OP may have to start the clock from now and give them a month.

IANAL

anothernameitist

1,500 posts

165 months

Friday 9th September 2016
quotequote all
Has the contract changed or are you just dotting i's and crossing T's?

As above no change equals accepted. I'd give them a deadline to get it back, then make sure that the contract matches your HR procedures ( you have got those?)

Then follow procedure to ensure staff member complies or are managed out, do they have 2 years plus service too?