M&S temp contracts.... help?

kidbrookeaddick

Just looking for a bit of advice if anyone can give? My girlfriend started working for.m&s in november and was originally an xmas temp. They kept her on and said she had potential to be a manager. However they kept her on for another month on a temp contract lowering her hours to 17 a week spread over 5/6 days. No contract was signed and the only evidence of a contract is on one of the managers phone as a photo. Surely this breaches data protection?
She found out 3 weeks ago that she was pregnant and now their attitude towards he has changed and I fear they will cancel her contract even thougj they originally stated she had potential and they liked her. Shes also moved from sutton where she works to plumstead with me but is travelling the distance spending a tenner a day on travel! But they say she cant transfer as she is a temp. I have contacted head office but im looking for some.advice.

charente addick

wear a condom next time

DRF

If she is on a temp contract and has only been there since the end of last year I'm afraid she has very little employment rights. I'm not sure why you think there is a data protection issue unless the contract is specific to her rather than a general temp one and the manager is showing it around to people who do not need to see it.
Sorry but there's not a lot M&S will do or have to do under law.

ValleyGary

If she's a temp she's probably on a zero hour contract meaning she's not got much choice but to accept it.

rananegra

She's not been there long enough to get maternity leave rights, but if they give any hint of cancelling a contract because she is pregnant they're breaking the law. The law also states employees have a right to a written contract stating their terms of employment. She can ask for a copy, even if they are being funny about it. Employment rights won't have kicked in yet, but she should still keep a diary of what is going on: the right not to be discriminated against because of gender / martial status / race etc starts on day 1.
I suspect that the temp contract she is on gives them the right to let her go on a few days notice and normally people taken on as temps over Christmas would be let go in the new year anyway. In terms of her having potential, I'm sure she does, but it won't count for much unless there's something in writing. Even then, they could say that "adverse trading conditions" or something similar mean they have to lay people off. As for the transfer, if they really do think she has potential, it shouldn't be too much for them to at least look at vacancies closer to you. You would need to find out who looks after these - head office, regional office, local store management - and make efforts to talk to them.
Sorry, probably not what you wanted to hear. Good luck.

LenGlover

kidbrookeaddick said:

Just looking for a bit of advice if anyone can give? My girlfriend started working for.m&s in november and was originally an xmas temp. They kept her on and said she had potential to be a manager. However they kept her on for another month on a temp contract lowering her hours to 17 a week spread over 5/6 days. No contract was signed and the only evidence of a contract is on one of the managers phone as a photo. Surely this breaches data protection?
She found out 3 weeks ago that she was pregnant and now their attitude towards he has changed and I fear they will cancel her contract even thougj they originally stated she had potential and they liked her. Shes also moved from sutton where she works to plumstead with me but is travelling the distance spending a tenner a day on travel! But they say she cant transfer as she is a temp. I have contacted head office but im looking for some.advice.

The lack of a written contract is not necessarily a problem in itself as a contract can be implied by the accepted conduct of both parties.

Discrimination is also not permitted against pregnant women. However where I can see you having a problem is the finite nature (ie monthly) of the "contracts" in that they would probably argue that she was on a probationary period which they extended but eventually decided against.

I am not a lawyer though and others will probably know better. Good luck and congratulations on the baby!

EDIT: the link below might help.

http://www.workingfamilies.org.uk/articles/parents-and-carers/rights-during-pregnancy-and-maternity-leave/maternity-rights-for-women-on-fixed-term-temporary-contracts

cafc4life

i worked for m&s for five years and left last feb due to them being c****s to work for, the management havent got a clue and i was part of that for over two years.Promised so much and gave very little. i would say it defo does breach data protection though and that should be brought up.Feel free to DM me if you want any more advice, i might know a thing or two about there policies

kidbrookeaddick

Its not just her, there are a number of colleagues in the store who have been kept on with rolling temp contracts for over a year now each month they roll it over without asking therefore no acceptance of the contract is made other than being told to come in next week and the colleague doing so

Oggy Red

Maybe it would have been best not to tell them just yet that she's is pregnant?

Not that I'm promoting dishonesty, but the next month or so could've indicated whether she was to be made permanent - which may have permitted more options.

I don't suppose that helps, sorry.

kidbrookeaddick

She told them as she went sick due to the pregnancy and without telling them she would not have got paid. I work as a a manager in sainsburys but have not come up against anything like the behaviours shown by m&s thus far. I think its incredibly disrespectful to their colleagues

Wilma

Check ACAS website for help - www.acas.org.uk - they also have a free helpline you can call 08457 47 47 47.

Been looking at the site myself after my own contract issues!

Oggy Red

Fair enough, KA.

Good luck!

swords_alive

Her status as a temp is significant. In the eyes of the law her employer is likely to be the agency, not M&S. If M&S pay her directly or have otherwise confirmed to her that she works for them directly, (e.g. issued her with staff handbook, sent her on permanent staff induction etc- i.e. not necessarily issued contract yet), then she can expect equal treatment and rights of other permanent employees. First step would be for her to discuss with her agency but see links below;
See https://www.gov.uk/agency-workers-your-rights/maternity-rights-for-agency-workers
also http://www.maternityaction.org.uk/sitebuildercontent/sitebuilderfiles/pregnancydiscrimination.pdf
also http://www.usdaw.org.uk/ or consult employment law solicitor.

kidbrookeaddick

She was employed by m&s through job centre. She was on a 2 day induction and is paid by m&s on a weekly basis.

DRF

kidbrookeaddick said:

Its not just her, there are a number of colleagues in the store who have been kept on with rolling temp contracts for over a year now each month they roll it over without asking therefore no acceptance of the contract is made other than being told to come in next week and the colleague doing so

Sorry but the very fact that the turned up to work can be taken as an acceptance of the contract rolling over. Doing this for less than two years means a lt of rights don't kick in.

swords_alive

Employed directly- That's good. She is possibly fully protected then (but i am not a solicitor). She's not yet been dismissed but you will see how strong her position is if you google 'unfair dismissal pregnancy'. As soon as she suffers a detriment (i.e. is discriminated against on grounds of pregnancy either directly or indirectly), she should discuss with supervisor and then raise her objection in writing. Keep a diary of event and a copy of any letters (refer to separate Grievance thread on charlton life).

Indirect discrimination will include not being considered for a transfer. She is pregnant. They should be making life easier and that includes relieving stress of travel to place of work.
Read this in full- http://www.yourjobrights.co.uk/dissmisal.htm (slightly our of date in term of minimum period required but that doesn't apply for pregnancy). It gives a good flavour of the strength of her position.

I expect she has protection from discrimination from day one whatever way M&S chooses to describe her contract.
I suggest getting specific advice as to her contract status as a temp. I would need to see the contract itself such as she has, and an employment specialist will ask to see it too. She is a part-time worker but that isn't significant as she is protected on that basis too and qualifies for the same employment rights as a full-time member of staff.

Hopefully this will be resolved quickly and effectively by a decent HR person at M&S but they are not known for good employee relations. You need clarity at the moment, and you need them to consider a transfer to nearer plumstead. I suggest your girlfriend joins USDAW but M&S do not recognise the union so she can get support from them in various ways but should not inform the employer at this time. ACAS and TUC websites may have useful information/links too.

This is a pretty easy case for an employment specialist. Someone on here may be able to help more than me. It is very likely that she has a very strong position, as pregnacy is a hot potato for employers. Take heart from that and be confident until someone qualified is able to confirm otherwise!

O-Randy-Hunt

I like m&s but I also like sainsburys.

But which ones better. There's only one way to find out.

kidbrookeaddick

Thanks for the advice

DRF

This might help:
http://www.worksmart.org.uk/rights/when_your_rights_start

SexyDave

Im pretty sure...as i work their, that you can only get a new temp contract 3 times, then you have to be taken on perminantly. Im sure they dont do a rolling weekly contract, they may extend the current one. Good luck though!

Miserableoldgit

Sorry, can't really advise, but, may I ask which M & S she works at ?

Covered End

Sutton.

Kap10

Do as Wima says phone ACAS, its what they are there for

kidbrookeaddick

Miserableoldgit said:

Sorry, can't really advise, but, may I ask which M & S she works at ?

Sutton. Any particular reason why?

Miserableoldgit

kidbrookeaddick said:

Miserableoldgit said:

Sorry, can't really advise, but, may I ask which M & S she works at ?

Sutton. Any particular reason why?

The reason I asked was because a know acouple of people in M & S in Bromley and my sister works part-time in Kent.
Just thought it might help to ask their advise.

kidbrookeaddick

Thabk you, didnt mean to sound rude

Miserableoldgit

kidbrookeaddick said:

Thabk you, didnt mean to sound rude

No problem: Just thought I'd ask.

F-Blocker

Forgive me if I've missed something obvious or am simply unaware of a legal issue, but if she's on a temp contract then surely that contract has an end date. Yes, they may extend it a few times, but there's no guarantee of that. They can simply let the contract run down & let her go (the same way CAFC does with players each year).

Yes, her supervisor/line manager may have said she had potential, but they haven't actually offered her a job.

Apologies if this comes over as being a bit harsh, but I don't see she's got a leg to stand on.

swords_alive

Thing is they cannot refuse to renew on basis of pregnancy. They have to be extremely careful, and this thing the OP and others have called a 'temp contract' needs to be considered closely. It does not take precedence over the right of protection for pregnant workers, hence OP's girlfriend may actually be in a very strong position.

From TUC website-
http://www.tuc.org.uk/workplace-issues/basic-rights-work/categories-workers/02-fixed-term-workers/fixed-term-employees-–-your-rights-work

Pregnancy and Maternity

As a fixed term employee, you have the same rights as permanent staff to protection from discrimination if you are pregnant or taking maternity leave.

Your employer will be acting unlawfully if they refuse to employ you, refuse to renew your fixed term contract, or if they dismiss you because of pregnancy or maternity leave absence. However, an employer can decide not to renew your fixed term contract during an employee's maternity leave if there is genuinely no other work for you.

F-Blocker

"However, an employer can decide not to renew your fixed term contract during an employee's maternity leave if there is genuinely no other work for you."

This, I presume, would be their defence.

swords_alive

F-Blocker said:

"However, an employer can decide not to renew your fixed term contract during an employee's maternity leave if there is genuinely no other work for you."

This, I presume, would be their defence.

Potentially yes, but she's not on maternity leave yet and we do not know if it's a fixed term contract, casual or a permanent contract. Some key facts yet to be established in readiness for their next move.