Questions we have been asked this month

Article

21 September, 2016

Q: Am I obliged to give an employee time off to look after a sick child, and does this time off have to be paid?

A: All employees have the right to reasonable time off during working hours for dependants to deal with unforeseen matters, therefore an employer is unable to refuse leave for this reason. However, there is no legal right to be paid for this time off. There is however the possibility that an employee may be entitled to be paid for their time off if it is a written term of their contract.

Q: A new employee has started work but is unhappy with the Terms and Conditions of their Employment Contract which is still unsigned. Are they bound by this?

A: Generally, a contract of employment does not have to be signed to be binding and just because a contract has not been signed does not necessarily mean that employment terms have not been agreed upon. It is often the case that a contract is deemed to have started once an offer of employment has been accepted and an employee has started work for the employer.

Following up on an unsigned contract as soon as possible is desirable as it avoids any uncertainty as to contract terms. An employee may state in writing that they disagree with a certain term or condition or state that they are continuing to work 'under protest'. If this is the case then negotiations should be entered into to find mutually acceptable terms and conditions.

If you are looking for any more information with regards to our services view our Education section. You can also contact Ruth Rule-Mullen in our Education department via email or phone on 01772 220195. Alternatively send any question through to Forbes Solicitors via our online Contact Form.

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