employee contract

[kween]

Took on an employee for my business two years ago.
Gave him a contract to read and return. Was just a basic part time contract, stating zero hours and nothing too harsh.
However I've spoken to the employee on a number of occasions regarding giving the signed copy back, but ive still not received it. It's two years gone by.
What do I do, if the employee doesn't hand their signed contract after requesting on.several occasions? Legally then, they aren't employed (am I right in saying that? )
Could I issue them with a new updated contract with a new employment date?

What should I do, if the employee doesn't like what their contract states and as an employer, I'm not willing to change what I want in the contract. What are the consequences??

Would be grateful for some advice, as this employment issue has been stressing me out.

Thank you.
Kween.

 

[CleanMitts]

Has the employee given a reason why they haven't sent it back? May just be something simple that can be sorted out quickly and effectively to avoid more problems

 

[MikeJ]

They're still employed. You don't need to get them to sign it, but you do need to give them the terms and conditions of their employment. The advantage in having a signed copy is they can't deny ever having received it.

 

[Steve Sellers]

What do I do, if the employee doesn't hand their signed contract after requesting on.several occasions? Legally then, they aren't employed (am I right in saying that? )
Could I issue them with a new updated contract with a new employment date?

What should I do, if the employee doesn't like what their contract states and as an employer, I'm not willing to change what I want in the contract. What are the consequences??

I would write to the employee asking him to sign the copy and in the letter state something along the lines of "please see the original contract that was provided on ##/##/#### we note that you have never signed the contract and returned the same, despite several reminders [state when reminded]. Please sign the attached copy and return within 7 days.

As he has not signed the contract, but has continued to work for 2 years then the contract would be deemed to be accepted by the employee - due to him continuing to act as if he were bound by the contract (acceptance through performance). You have also not taken any action in regards to him not signing the contract so it would be deemed that you also accepted the status quo.

If he doesn't like what is in the contract then he either walks, or he refuses to work and you will have to dismiss him. So long as you are not changing any of the major terms of his employment you will be able to issue the new contract with ease. If there are major changes and you attempt to force it upon him, then he could have grounds to walk and claim unfair dismissal.

If he issue him with a new contract, the date of continuous employment will be the same. All that you should do is mark the contract date as the date of issue, but in a 'commencement of employment' clause you should state the date of continuous employment as the date 2 years ago (his actual starting date). Be under no illusion though OP the employee has full rights, even without a signed contract.

I suggest you have a read of this ACAS guide on varying contracts.

 

[bwglaw]

Specific advice should be sought on this matter as it is not so clear cut. It needs to be assessed as to whether the contract is in fact binding. It is not clear from your post whether the employee has done any work since the contract was provided, however I am assuming work has taken place since there is a possibility that the person is a worker.

If you email us direct we would be more than happy to advise with further particulars.

 

[arcon5]

Why not arrange a meeting with him, privately -- have him read the contract infront of you, tell him to take all the time he needs, and then sign it in front of you.. if he refuses at this point then you can discuss the concerns with the employee...?

 

[jules12345]

bwglaw is correct more facts need to be ascertained..!

Regards
Jules

 

[Workplace Mediator]

Agreed - Although this is a difficult situation more facts need to be ascertained. He may be reticent to sign for a range of reasons and this does need a frank face to face conversation.

 

[kween]

Thanks everyone for the replies and advice.

I will give the contract again to my employee and see where it goes from there.

Regards,
Kween