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
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>
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...
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. </p>
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
http://www.direct.gov.uk/en/Employment/Employees/EmploymentContractsAndConditions/index.htm Fairly good advice on here
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.
