Is an unsigned employment contract binding?

[Kevin1959]

My daughter returned to work on a part-time basis last February after maternity leave and requested a new contract of employment. The company dragged their heels but eventually provided her with one in July which she hasn't yet signed as she is not happy with some of the content. She has now been offered a job elsewhere but is concerned that the company might hold her to 4 weeks notice, because although she hasn't signed her new contract, she has had it for a month. So does an employment contract become binding after a period of time and even if not signed and if so when? Does she in fact have to give any notice at all?

[factor-fiction]

If she had a contract before and hasn't agreed to any changes then what notice did that require? If that was 4 weeks and the new one was 4 weeks then the notice period will be 4 weeks.

[redcrx]

so if her current emplyer decided to sackher on the spot and refuse to pay her any notice, claiming she had no contract, or refuse to payher any sick leave etc, she would accept that would she??

why can she not just ask if she can be released from her contract early?

[pink-kittens]

http://www.i-resign.c.../new_topic.asp?t=1106

"
In the UK legally binding contracts can be in verbal or written form. And if you don't sign a contract but take up employment with an organisation it can be presumed you gave verbal agreement with the employer which is legally binding"

[factor-fiction]

I agree with eddie51 and pinkkittens - I was initially going to make that point in my first post but decided not to as she had worked for the company previously so would have had a contract then. So whichever way you look at it she had a contract. An issue that could arise is which version applies....but if both contracts had the same terms for notice then that issue wouldn't matter

[Maydup]

I agree with everyone here - its just as well to leave on good terms and give the 4 weeks notice. Maybe she has some holiday to use which might reduce the time?

Essentially all employers expect people to work their notice and if the new one doesn't then I'd be wary of them.......out of the fryer pan into the fire?

[Kevin1959]

Thanks to everyone for the answers. Some good advice.

[flip_flop]

....but the fact is, if your daughter decided to breach her contract and leave without working her notice, it is highly unlikely her current employers will do anything because in the real world it is not worth bothering to sue for a breach of this nature.

[pink-kittens]

That is very true flip-flop but her previous employer could certainly mention it in any reference she may need and that wouldn't look good by anyone's standards

[pink-kittens]

for previous read 'present'

[flip_flop]

You have to be extremely careful with references.

Whenever I give a reference all I ever confirm is the person's employment dates. Nothing more.

[pink-kittens]

extremely careful? With what?

[boxtops]

Not having signed the contract doesn't mean that it's not in force.

As for references - the important question is "would you re-employ this person"? whatever you have said in the rest of the ref, that is the key one, if you don't want that person back.

[lcg]

any new, prospective employer would be happy to wait 4 weeks for your daughter. has she asked? it may be less stressful to actually find out facts rather than go through the 'what if's'. surely working the notice, getting paid properly and a less stressful job transfer is the best solution? x