Being held to a 3 month notice period but never signed a contract.

fatboypee

Hi

I'm sure this has been asked 100 times here but searching is a bit painful and yielding little.

Can anyone help with this one ? My brother who works in the UK is being held to a 3 month notice period but he never signed a contract at all. He was not a PAYE employee (billed for his hours / services) and in his view he was being polite by giving 1 month's notice.

The employer wants him to re-draft his termination letter to include the 3 months, citing the role my brother was doing carries a 3 month termination.

My view is that 1 month is more than sufficient.

I realise it's UK and cannot be definitive but any views?

Thanks

Maglight

Did the company provide your brother with an offer letter that outlined terms and conditions such as salary, notice period, holidays etc. Was he asked to sign it. If they did and he accepted the job and conditions and entered into a relationship with them, even without signing it, then there is deemed to be a contract in place.

fatboypee

Did the company provide your brother with an offer letter that outlined terms and conditions such as salary, notice period, holidays etc. Was he asked to sign it. If they did and he accepted the job and conditions and entered into a relationship with them, even without signing it, then there is deemed to be a contract in place.

Thanks

Hi

Thanks for the reply. I'm not sure if anything paper-wise was seen, certainly not signed though but I will find out more. If there wasn't anything in shown to him in writing, the contract is inferred or implied however, as to the particulars of the notice period I would assume they have no legal basis to hold him to anything?

Thanks

Scarlet 27

Hi,

Here is a link that states the minimum amount of notice required under British statute http://www.businesslink.gov.uk/bdotg/action/detail?itemId=1073792628&type=RESOURCES

Obviously as previously stated if there was a written statement of employment he will have to abide by that otherwise he just has to give the minimum amount of notice.

Hope that helps.

schemingbohemia

Whilst getting a reference from them may prove difficult (in most cases companies generally don't provide these any more, just a statement that s/he worked there from x to y) he should just leave after his month's notice is up.

I would doubt that they will sue him, they've no contract signed, from all info provided he was basically self-employed, so they would have great difficulty proving their case and it's not worth their while to pursue it.

fatboypee

Great info, really appreciate it. Thanks

I think they may threaten legal action but that is simply because the company is up the creek without Bro doing what he does but thats up to them. From what I can gather from your kind posts, they've not a leg to stand on.


Thanks again.

FBP

Mrs OBumble

fatboypee wrote: »

He was not a PAYE employee (billed for his hours / services) and in his view he was being polite by giving 1 month's notice.

I have a feeling that the previous answers have missed this one key statement.

He wasn't an employee, so your query is not about employment law, it's about commercial services.

If he wants legal advice, he should speak to a UK-based lawyer with commercial contracts experience.

From a pragmatic perspective, what can the company do to him if he refuses to take any more jobs from them in future? What can he do to them - perhaps reporting them to the UK Revenue for treating him like a contractor when he should have been regarded as an employee?

fatboypee

JustMary wrote: »

I have a feeling that the previous answers have missed this one key statement.

He wasn't an employee, so your query is not about employment law, it's about commercial services.

If he wants legal advice, he should speak to a UK-based lawyer with commercial contracts experience.

From a pragmatic perspective, what can the company do to him if he refuses to take any more jobs from them in future? What can he do to them - perhaps reporting them to the UK Revenue for treating him like a contractor when he should have been regarded as an employee?

Agreed. I'm not sure of the formal arrangement to be honest. I'm sure he is not an 'employee' in the strictest sense (he also has other work), however, the absence of any formal contract seems a rather grey area... He doesn't (right now) need any formal reference so I think they're chancing it..
I don't think he wants legal advice per se, he's already offered to be flexible on leaving, just wanted to be clear on his obligations prior to a meeting this week.

Thanks again for all the help and input. Really appreciated.

FBP.