Verbally accepting a contract of employment

Thread: Verbally accepting a contract of employment

  1. BigBrand's Avatar

    BigBrand said:

    Default Verbally accepting a contract of employment

    Hello all, looking for some guidance here.

    In September 15 I successfully applied for a role, seconded for 12 months.

    The secondment role meant relocation 300 miles away.

    In July 2016 I was advised my secondment is being extended until Dec 31st 2015.

    In August 16 conversations were had with my bosses regarding converting my role into a full time role. Wages were discussed and agreed and terms were verbally agreed that come the end of my secondment, my role would be converted into a full time role.

    Since August 16 and now there have been significant changes to the business, to its detriment.

    In September 16 I signed a contract for my secondment extension from Sept 16 to Dec 16. I've yet to be offered any contract post December 16.

    Under the terms of my secondment, if no permanent role is agreed /offered then I will be made redundant. As such I should receive a letter of notice with details of my last date of employment and my redundancy settlement.

    As I've agreed in principle to a permanent role, the company is not in the process of preparing me a letter of notice under the basis I expressed that if like to convert.

    Now I'm having second thoughts and want out. I want redundancy and no longer wish to go permanent.

    Legally, is this too late? I've yet to sign or be presented with any contract, but I've passed the period where a letter of notice should be provided. Under the permanent contract, it means I have to serve a minimum two year period, or repay the benefits I've received as pasty of my "relocation" benefits.

    Any advice here would be greatly received.

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  2. piggzy's Avatar

    piggzy said:

    Default Re: Verbally accepting a contract of employment

    In employment I don't think anything other than SIGNED agreements would be binding. Surely more than verbal is needed to be legally binding .

    I went back on a verbal agreement with an employer about 15 years ago and they couldn't do fuck all. Granted things may have changed but hopefully someone more in the know will comment.
     
  3. BigBrand's Avatar

    BigBrand said:

    Default Re: Verbally accepting a contract of employment

    Thanks Pigzy, I think as much too, probably something needs to be said sooner rather than later, so they have time to prepare my redundancy notice I guess?
     
  4. Bald Bouncer's Avatar

    Bald Bouncer said:

    Default Re: Verbally accepting a contract of employment

    A contract does not have to be in writing it can be verbal and binding, the reason for it being in writing is more about proving the existence of a contract and terms of such contract so it is a contract if an agreement has been reached legally, if the question is can they prove it probably not unless there was witnesses to you agreeing and you may say you agreed in principle but it was not in your opinion confirmed until the terms had been set out in writing and agreed.

    You often see court cases with people saying well yeah I agreed but there was nothing in writing but that statement along is enough and they lose the case.

    There are exceptions but these are guarantees, third party agreements or licensing such as the licensing of certain intellectual property rights
    Last edited by Bald Bouncer; 4th October 2016 at 12:19 AM.

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  5. flipper321's Avatar

    flipper321 said:

    Default Re: Verbally accepting a contract of employment

    By the way you describe it I would say there is in effect a contract in place that you will move into the permanent role ("wages and terms agreed").

    Were there any conditions to you becoming a permanent employee?
     
  6. BigBrand's Avatar

    BigBrand said:

    Default Re: Verbally accepting a contract of employment

    Not in particular, but I was told despite some "re selection" and advertising, the jobs 100% mine.

    I think they'd argue that accepting a verbal contract they've put thing in place, both operationally and financially, and therefore unless the written contract differs from the verbal one (which it won't) I'd be obliged to accept.
     
  7. piggzy's Avatar

    piggzy said:

    Default Re: Verbally accepting a contract of employment

    As you say things have changed in the company to the detriment. Maybe it would be good to wait until the time frame expires by them (if they continue to keep quiet) and then they would have defaulted on the verbal agreement.