Contracts - help needed

Discussion in 'Bulletin Board ARCHIVE' started by Dyson, May 28, 2009.

  1. Dys

    Dyson Well-Known Member

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    My missus has been working for a structural engineering company for the past year. Initially she was with an agency and then was offered a 9 month contract.

    That contract finished in April of this year and despite them mentioning that they're going to make her permanent nothing's come of it.

    My question is should she be kicking up a fuss about it in the current climate or is she ok to carry on as is? As she's effectively out of contract if they do decide to get rid what rights does she have? I've heard the term 'implied contract' knocking about but dunno what it means?

    Cheers
     
  2. Gue

    Guest Guest

    At the very least she should have a statement of terms and conditions.(statutory requirement I think)
    </p>

    She can carry on working without a contract but it's not very satisfactory for her or the co. to be fair.
    </p>
     
  3. Dys

    Dyson Well-Known Member

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    She has her original offer and the t's and c's which she agreed but it does state that it will be reviewed after the 9 months. It seems standard practice at her place as a lot of people don't have a permanent contract but have been there for years.

    Just doesn't seem right to me...
     
  4. Gue

    Guest Guest

    They sound like me - too lazy to sort stuff.</p>

    If she's keen to stop then I'd get her to mention it - but to do so because she loves the job obviously like.
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  5. Farnham_Red

    Farnham_Red Administrator
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    Could do with someone expert in Employment Law to confirm

    But I am really surprised that the company hasnt firmed up the contract. Its actually in their interest as well as if they do decide to terminate it can get very messy for both sides if your mrs decides to contest. I am sure there is something about implied contract but cant remember how it all works.

    It really would be better for everyone if they firmed up the contract
     
  6. M1 Tyke

    M1 Tyke New Member

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  7. sus

    susietyke Well-Known Member

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    It's not uncommon for companies to forget to extend contracts but the fact that she is continuing to work under the same terms and conditions of employment is sufficient and she is accruing service. When she has 12 months service she can rely on protection against unfair dismissal under employment legislation whether she has a written contract or not. It's up to her whether she wants to bring it to their attention or just carry on working.
     

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