Failure to Supply a Contract of Employment .. a case law example of why it's so important

Case: Miss Gultekin V Advanced Collection Systems Limited (ACSL)

Miss Gultekin alleged unfair and/or wrongful dismissal, arising out of a resignation and then breach of contract for failure of ACSL to pay her in lieu of notice. However, as she resigned ACSL had no obligation to pay her notice and consequently she was not entitled to any award of compensation for unfair dismissal, nor for wrongful dismissal, and had no legitimate claim for moneys due in the notice period since she had simply left.

Interestingly, the employment tribunal judge awarded £1,800 at the hearing because ACSL had not provided a statement of terms and conditions of employment under section 1 of the Employment Rights Act 1996. The necessary statement of terms and conditions of employment required by this piece of legislation is usually pulled together in the form of a contract of employment.

This case is a clear reminder to all businesses that putting a contract of employment in place at the commencement of employment (or at the stage in which the business realises that this is a legal requirement) is a far safer and cheaper option than dealing with the consequences at employment tribunal.

Buy a HR New Starter Bundle       Get Help Becoming Compliant


Author: Anna Roberts

Anna Roberts

Anna is a HR Consultant at StaffLeave, heading up our HR Services division, and likes to contribute ways to help you get the most of your holiday management, improve well-being and work-life balance.