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by **otis** » Thu Dec 22, 2011 9:56 am

Hi I am in a bit of a dillemma with my current employer at the moment.At the beginning of my employment i was promised a salary and bonus and requested a contract of employment as I heard rumours of his failure to keep promises, so I made sure I received a contract however he did not sign it. I am now in the process of dragging this to the small claims court, will the contract still apply?

by **collyer** » Thu Dec 22, 2011 9:57 am

This is a bit bizarre, Sam. Bonuses are very rarely contractual. They are often offered as a carrot, but again, they simply aren't a dead cert. They depend on something else, like you hitting some targets or completing your training.

So, even with a contract (and the missing signature isn't fatal) I doubt it is a cast iron commitment. If it is, then either you are going to ET for illegal deduction from wages, or breach of contract, or the SCC for the latter.

By walking out you enable him to treat you as having resigned. It isn't constructive dismissal in my book, and if that is your game, you still have no job, even if you have a minute chance of getting your money. Far wiser to stay employed and try to persuade him.

And bear in mind, the business may simply be too broke to pay you. If you need the job, then cool it; if you don't, then better luck somewhere else.

All the best.

by **bearchan** » Thu Dec 22, 2011 10:10 am

Passing Through is right, but without a signed contract, you have no evidence of any agreement and it's his word against yours in court.
Do you have any witnesses or other evidence?

by **fyfe** » Thu Dec 22, 2011 10:12 am

A contract (with a couple of exceptions that do not matter here) does not have to be in writing. Your verbal contract is good enough and the unsigned written contract (usually just a summary) provides evidence of what your verbal contract said (assuming the written one is correct).

by **ricki** » Thu Dec 22, 2011 10:15 am

An unsigned contract means nothing. Is your field of work one in which bonuses are usually received? Sounds like sour grapes is how this terminated.

by **ear** » Thu Dec 22, 2011 10:24 am

Why the small claims court...surely an employment tribunal is the correct forum?

If you've not yet done so, contact ACAS, the employment law experts, who handle anything to do with employment queries and problems. They will give you free, impartial and confidential advice. Masses of useful info, plus contact details, on their website: www.acas.org.uk or ring them on 08457 47 47 47

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I asked for a contract of employment from my employer but he hasnt signed it, will it still apply?

I asked for a contract of employment from my employer but he hasnt signed it, will it still apply?

I asked for a contract of employment from my employer but he hasnt signed it, will it still apply?

I asked for a contract of employment from my employer but he hasnt signed it, will it still apply?

I asked for a contract of employment from my employer but he hasnt signed it, will it still apply?

I asked for a contract of employment from my employer but he hasnt signed it, will it still apply?

I asked for a contract of employment from my employer but he hasnt signed it, will it still apply?

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