do we happen to have any legal experts here?

[DV]

....got a quick question about my work contract and wondered if anyone could help.

I signed a contract back in September....but my boss never signed it......

Does this make it invalid?

I know there are probably a million people who would be better to ask, but thought id try here first....

[JPC82]

yes mate invalid im afraid

[DV]

dont say im afraid....

so if I tell him to fuck off and I can walk out.....and he cant make me work my 3 months noticed and cant take me to court for breaking the agreement?

[JPC82]

as far as im aware mate yes, although dont just take my word for it, talk to some other people first

[DV]

well, my dads mate is a legal expert mumbo jumbo thing....I get mixed up with soclisiters and lawyers and all that....

what makes you so sure though, is it just a guess like?

Hopefully its not valid....so I can tell him to stick it.

[flammableBen]

It might depend on how long you've been working there, whatever your contract situation. If he wanted to get rid you, I'm sure you'd have some legal right to a notice period depending on how long you'd worked there, signed contract or not. I wouldn't be suprised if there was a similar thing with the shoe on the other foot.

Don't really know though. And you can always just leave anyway. Unless you're worried about a reference from him. In which case people can only refuse to give you a reference can't they? Not supposed to give bad ones.

Edit: That's all guesses though mate.

[strooood]

dan please tell me your 'boss' is who i think it is!?

[JPC82]

well, my dads mate is a legal expert mumbo jumbo thing....I get mixed up with soclisiters and lawyers and all that....

what makes you so sure though, is it just a guess like?

Hopefully its not valid....so I can tell him to stick it.

the only problem is that u are the one wanting to leave and u are the one who signed the contract agreeing to the 3months notice etc.
although if your boss didnt sign it when he should have i thought have thought that makes him powerless to make u stick to the contract.

[DV]

It might depend on how long you've been working there, whatever your contract situation. If he wanted to get rid you, I'm sure you'd have some legal right to a notice period depending on how long you'd worked there, signed contract or not. I wouldn't be suprised if there was a similar thing with the shoe on the other foot.

Don't really know though. And you can always just leave anyway. Unless you're worried about a reference from him. In which case people can only refuse to give you a reference can't they? Not supposed to give bad ones.

Edit: That's all guesses though mate.

As I said, been there isnt september....and the notice period written in the contract is 3 months and to be honest.......I want out and I want out now....not 3 months later....now......if I do hand in my notice I'll be treated even worse than I am....because we'll ive seen it happen.

Reference, not bothered about wont put my boss down....plus he cant even type in english anyway so they wouldnt even take his reference seriously.

Thing im worried about is walking out them him taking me to court and not giving 3 months notice....as written in the contract that isnt actually signed....

Thing as, as far as I know.....all he can do is take me to court and make me pay him the 3 months I didnt work....which on the pittance I earn.....minus my expenses (all of which are out of pocket) and then days I wouldnt work (school holidays) he be taking me to court for very little money and the whole process would cost him more anyway.

I jsut want all my options checked.

[Simon Pieman]

http://www.acas.org.uk/

Get in touch with Acas they should be able to tell you. It's all free advice.

I'd think that as the employer gave you the contract and you agreed to it by accepting the employment, then the contract is effective, regardless whether the boss signed it or not.

From memory you don't even need a written contract, just a written statement of employment

[DV]

dan please tell me your 'boss' is who i think it is!?

the one and only....

[tans]

I think it is if you have been on the books for so long it is legally binding.

My old place i never signed a contract, but because I had worked there for over so much time it was legally binding and had to work my notice.

Didnt fucking bother mind, handed it in at 2 and went home half hour later. Still got paid the weeks money too  

[Simon Pieman]

I think it may be enforceable Dan

linky

Can you not negotiate the notice period or is he really that much of a cunt?

[ghanimah]

....got a quick question about my work contract and wondered if anyone could help.

I signed a contract back in September....but my boss never signed it......

Does this make it invalid?

I know there are probably a million people who would be better to ask, but thought id try here first....

I'm not a legal expert, but from what I understand an employment contract has only to be issued not signed, the fact you've been paid since September is an acceptance of the agreement on both sides.

This is also true when there is no contract at all, after 3 months (I think) then the working conditions / hours etc you have worked and been paid for becomes the 'contract'. Hope that makes sense.

[DV]

I think it may be enforceable Dan

linky

Can you not negotiate the notice period or is he really that much of a cunt?

For starters, yes....

Secondly, obviously we have x amount of after school clubs and x amount of coaches and about 2 of those can drive.

So I walked out, he be screwed. He'd have no way of getting alot of his coaches to their after school plus he'd have no one to do my after school.

He'd make me do my usual job and give me all the shit ones on top because I was leaving.....and wouldnt let me go till he had a replacement....and the amount I do for him and the shit I put up with, well he isnt going to find a like for like replacement because no one can be as big a mug/walk over as I am.