View Full Version : Contract help
whizzer
25th September 2005, 18:50
Very silly problem,,
I signed a contract with 12 weeks notice period,, but did ask at the time if that could be negotiable if I wanted to leave and was not staying in the same industry..
I was told this would be negotiable...
This agreement is not being recognised and to cap it all my license to trade in this industry has run out..
I have given 4 weeks but i am being asked to pay ( franchise agreement) for 12 even though i am unable to trade in the said industry
any ideas?
I am being threatened with court action, and court costs
mumper
26th September 2005, 04:31
You would be well advised to let a solicitor have a look at the contract as soon as possible.
whizzer
26th September 2005, 07:35
Many thanks
But was never allowed to take a contract out of the office,,
only allowed to sit and view
Was not allowed a copy,
Astaroth
26th September 2005, 08:33
Whilst I am neither a solicitor nor an expert on employment/ contract law I believe that though you had a verbal agreement that the notice period will be " negotiable" the fact that your negotiations have not gone the way you hoped means that the company is in breach of contract.
A contract is binding to all parties unless all parties agree to waive a condition or if one or more parties is in breach of the conditions.
mumper
26th September 2005, 19:55
That's very strange not giving you a copy of the contract - how can you have a contract with someone without actually being allowed to have a copy yourself?
Jayne
27th September 2005, 07:04
I think you should be allowed to have a copy of the contract, I could have a copy, when I worked for a large company.
Also, a verbal contract is just as binding as a written one, employment experts ACAS told me that.
Good luck with it,
Jayne :D
Astaroth
27th September 2005, 11:00
All contracts are binding - verbal or written - the problem with verbal contracts is that they are difficult to prove what was said and can results in one persons word against another over the content especially as in contract law you frequently have to look at exact wordings and whilst both parties may agree on the "principle" of what was said it is unlikely that everyone has perfect recall of what word for word has been said
whizzer
28th September 2005, 13:57
Many thanks for all the suggestions
I will keep you informed