employment law knowledge?

Currently reading:
employment law knowledge?

Jun 30, 2008
Is there anybody out there with knowledge of employment law?
Somebody in our family works for a company, for more than 12 months, has never had a contract of employment. That is illegal isn't it?
Nope not illegal... If they are on the books and paying tax - they will be classed as a temp, not permanent employee. They could offer a temp a contract but it would be 0 hours contract or one that renews weekly / monthly.
In this case it is the other way around. They know that he wants to leave to start his own business but they now want to give him a contract that gives him a longer notice period (than the implied 1 month because it has never been written down ) and contains an anti-competition clause in it.
Seems like a big jump from having no contract to enforcing a restrictive one to me.
Thank you. That is what I was thinking. He was hoping to part amicably but I don't think that's going to work somehow! I don't want to say too much but I think they irrationally see him as a big competitive threat which is ridiculous. Perhaps he should be flattered!
He should ask a superior what kind of notice period he has to give by virtue of common courtesy but if there is no contract there is no obligation.

The employers could say "according to your contract" at this point "What contract?" should be asked. That is a double edged sword however. The employers could notice there is an oversight and give him a copy of the contract to sign (make sure it is dated the day he signs otherwise it could create retroactive issues). It could also create an air of hostility and if he asks about notice periods he could be sacked for any reason. Without a contract there will be no breach of contract but anything he could be dismissed for can not be constructive or libelous.

Any more issues contact the Citizens Advice Bureau who will explain the legalities of the situation a lot better. My friend is a volunteer at the CAB, employment solicitor and ACAS representative. Most solicitors have them and have a free half hour consultation to see if you have a case.
Thanks for the replies guys. He has now resigned and told them when he will be leaving and what he is doing next.
All calm so far. Let's hope it stays that way.