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 Post subject: Temp work with no contract
PostPosted: Sat May 29, 2010 14:24 
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Full of plumptiousness

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My sister has taken a temporary proof reading job for a small SEO company that is supposed to last "about a month" though it was advertised as being possibly for up to three months.

She's begun work at their office in central London but has as yet not been given a contract to review or sign.

Is this actually legal? If not, what are her rights?

In the interim I've advised her to polite but firmly state that if she is not given a contract to review and sign by mid next week she won't be coming back.

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 Post subject: Re: Temp work with no contract
PostPosted: Sun May 30, 2010 8:42 
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Sir Hugh wrote:
My sister has taken a temporary proof reading job for a small SEO company that is supposed to last "about a month" though it was advertised as being possibly for up to three months.

She's begun work at their office in central London but has as yet not been given a contract to review or sign.

Is this actually legal? If not, what are her rights?

In the interim I've advised her to polite but firmly state that if she is not given a contract to review and sign by mid next week she won't be coming back.

Temporary as an agency worker? Or temporary direct through the firm?

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 Post subject: Re: Temp work with no contract
PostPosted: Sun May 30, 2010 9:04 
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What "rights" are you concerned about her having?

Her rights will be defined if she's an employee, contractor, or a worker.

It's perfectly legal to not have a written contract and work, although she could request a written statement of terms within 2 months of starting, but i can see little to no point in this, if it's only for a few months, tops, then I wouldn't really worry about it.

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 Post subject: Re: Temp work with no contract
PostPosted: Sun May 30, 2010 16:49 
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Full of plumptiousness

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Myfinger wrote:
Sir Hugh wrote:
My sister has taken a temporary proof reading job for a small SEO company that is supposed to last "about a month" though it was advertised as being possibly for up to three months.

She's begun work at their office in central London but has as yet not been given a contract to review or sign.

Is this actually legal? If not, what are her rights?

In the interim I've advised her to polite but firmly state that if she is not given a contract to review and sign by mid next week she won't be coming back.

Temporary as an agency worker? Or temporary direct through the firm?


Temp direct with the firm. A contract makes things easier if there any problems down the line, obv. My concern was that she has not as yet seen anything in writing other than the job advert. By all accounts, they seem to be a tad disorganised. Probably nothing to worry about, but she is a born worrier and it's her first paid job.

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 Post subject: Re: Temp work with no contract
PostPosted: Sun May 30, 2010 22:57 
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Gogmagog

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If it is her first job, then the experience is worth the exposure of losing a month's wages. If they don't pay she can walk and if they do, awesome. Her exposure is limited here. IIRC the recommended rate for proof readers is £17 per hour when freelance.


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 Post subject: Re: Temp work with no contract
PostPosted: Mon May 31, 2010 0:28 
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Don't you have to have a contract of employment?

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 Post subject: Re: Temp work with no contract
PostPosted: Mon May 31, 2010 0:34 
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Grim... wrote:
Don't you have to have a contract of employment?


Well if you do then my friend is breaking the law. He hired another friend of mine and has given him no contract. And he's been there about four years now. My other friend (the employee) is always moaning about it.

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 Post subject: Re: Temp work with no contract
PostPosted: Mon May 31, 2010 1:08 
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Grim... wrote:
Don't you have to have a contract of employment?
Yes.

However.

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 Post subject: Re: Temp work with no contract
PostPosted: Tue Jun 01, 2010 22:12 
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An oral contract is a valid contract.

As your legal eagle said, written T&Cs within 2 months or you can complain to Employment Tribunal.

If you want to read the ERA it's here http://www.opsi.gov.uk/acts/acts1996/ukpga_19960018_en_1

Don't worry about the apparent absence of a contract for a minor temp job. You're hardly going to complain to a tribunal over something in reality, and don't get most of the employment protection for at least 12 months anyway. It will probably work out suiting her far more for lack of written terms than them in any case.

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 Post subject: Re: Temp work with no contract
PostPosted: Tue Jun 01, 2010 22:22 
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Full of plumptiousness

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Thanks for the advice, everyone.

The situation has improved somewhat in the last few days and she's feeling a lot more confident about the whole thing.

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