Are they refusing to sign their contract, or have they just not done so?

There are three examples for employees who don’t sign their contract:

If they haven’t started working for you
If they are working for you but are under 2 years’ service
If they are working for you but are over 2 years’ service

If they haven’t started working for you yet but won’t sign their contract

Make sure you have given them a contract to read and sign before they start (I know that some of you don’t like doing this, but believe me it is easier and protects your business more to do it this way round!).
Make it clear that you expect them to either return it before they start or on their first day.
If they come in without a signed contract, because they “forgot” it, then print out two copies of the contract (one for them, one for you) and get them to sign it there and then.
If they want to “think about it” then send them home to think about it, and to come back when they have signed.
Of course if they don’t understand a clause then explain it to them or get your HR advisor to do so.
But under no circumstances let them start work before they have signed. Don’t let yourself be fobbed off with “I’ll sign it tonight and bring it in tomorrow”.
No signed contract, no work.

Carolyne and her team have given me back time to do my actual job rather than all the HR issues. In terms of supporting me to keep an eye on HR, they are something I definitely want to keep.
Susan Dally, Financial Director, Ace4Kebabs

If they have started working for you but are under 2 years’ service and won’t sign their contract:

Make sure you have given them a contract before 8 weeks is up
- You have to legally give them a contract in their first 8 weeks’ of working
Ask if there are any questions or problems.
Set a deadline for it to be signed by
If they keep coming in without a signed contract, because they “forgot” it, then print out two copies of the contract (one for them, one for you) and get them to sign it there and then.
If they still want to “think about it” then you have the following options:
Leave it alone, because employment law supports you!
- Once you have given them a contract, in writing, then if they do not object in writing, after 4 weeks it becomes binding.
- If they keep working and taking the salary, then they are deemed to have accepted it.
Get rid of them – As the employee is under 2 years’ service, you can give them notice at any time.
- So if they refuse to sign, then you would give them their notice, which you do have to pay.
- And as they have not signed a contract, and are refusing to do so, the statutory notice periods apply, which is one week’s notice up to the completion of 2 years’ service. Not the notice periods in your contract.

Of course if they don’t understand a clause then explain it to them or get your HR advisor to do so.

Make sure that your contracts show the reality of working in your company rather than the theory!

I like that you always keep things clear and simple and never seem to over complicate the issues. Justin Wilkie, Managing Director, 2Excel Logistics

If they have started working for you but are over 2 years’ service and won’t sign their contract:

When you give them a contract, let them know that it will come into force in 4 weeks’ time.
Ask if there are any questions or problems that are stopping them sign their contract.
If they keep coming in without a signed contract, because they “forgot” it, then print out two copies of the contract (one for them, one for you) and get them to sign it there and then.
If they still want to “think about it” then you have the following options:
- Leave it alone, because employment law supports you!
  - Once you have given them a contract, in writing, then if they do not object in writing, after 4 weeks it becomes binding.
  - If they keep working and taking the salary, then they are deemed to have accepted it.
  - Make a decision as to how important it is to have a signed contract.
    - Try and negotiate any problems they may raise.
    - Consider parting company (call us about this!)
      - And as they have not signed a contract, and are refusing to do so, the statutory notice periods apply, which is one week’s notice for every completed year of notice. Not the notice periods in your contract.

Of course if they don’t understand a clause then explain it to them or get your HR advisor to do so.

Since starting work with Gap HR, we are all reaping the benefit of Carolyne and the team’s knowledge and advice. This is a very valuable service, helping us to empower our line managers, nip staff issues in the bud and stay legal!
Ian Watling, MD, KCC Basildon Chemicals

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Posted in: Contracts of Employment, Dismissal & Redundancy, Managing Employees