Employment Contracts

[Paul Baylis]

If someone has an employment contract where they are required to give 3 months notice, and they haven't signed it (although they have taken the job on for appx 6 months), are they legally obliged to give three months' notice, or can they give one month's notice? The company works under the assumption that if they haven't signed the contract, but have taken the job, they have agreed to the contractual terms.

[incitatus]

The company is correct. Any work undertaken in fulfillment of a contract validates the contract whether it has been signed or not. To avoid this you must make your objections to the contract plain in writing before doing any work for them. Sorry.

[couchy]

Legally you have to give 3 months notice but what are they going to do? - can they demonstrate the damages that only receiving one months notice will cause them?. Will they try and reclaim the damages?

[Hurmkin]

It is usually down to the discretion of the company. For example, you can cause problems by leaving midway through an unfinished project and this may lead to a bad reference, but the company will not want you slating them after you have left. Therefore most companies will be lenient depending on the work you have done for them and the general relationship you have had with your employers to date. Legally YES they can make you, but keep on good terms and they will probably let you go. It is a crazy length of notice for any job! If you hate it - why should they prolongue it by keeping you three months!