Hey guys, I know we have some intelligent guys on here, so I need some proper adult advice.
I have worked for a Multinational retail company since September 2012, on a part time contract of 22.5 hours a week, working Monday to Friday 6-10.30
Since April 2013 I have worked near enough permanent overtime, working 1-10.30 Monday to Friday. During this time I was told that I was good at my job and should apply for full time, which I did. In September 2013 we were told 3 people would be moved to full time, me and 2 others, the first 2 people were processed and started full time, the third was rejected by HR as they changed their mind about the amount of positions. That person was me.
Moving forwards, I was offered the opportunity to work on a different department on a full time contract, in July. My new hours were 40 hours between 7am-8pm, 5 out of 7 days. This has a 3 month probation period, as did my original contract. Unfortunately I fell Ill during this period and had 4 days off. I was notified this Tuesday that I had failed my probation and was being moved back to my original contract with immediate effect. Now I just so happened to officially start the contract on the 3rd August so this was the last possible day they could notify me.
My problem is with the way it has been dealt with. The notice was immediate, which within the 3 months probation is fine, but to automatically place me back on my old contact means that they are acknowledging the fact that I have been here since 2012, which means that I am actually entitled to statuary notice, which would be 2 weeks. The reason I took the role in the first place was due to my partner starting a new job working in an office in Reading, 9-5. If I work the late shift she will be asleep by the time I am home and halfway to Reading by the time I wake, so we wouldn't have a relationship to speak of during the week.
I want to know if anyone on here knows a thing out two about this kind of stuff and if I have been screwed over here, or if this kind of thing is allowed.
I am with my union too, and will be contacting them tomorrow
Sorry to bore you guys but my whole life has been turned upside down in the past 2 days and I need to get the best outcome I can from it all
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You only have a verbal say so that you was getting a permanent job in original department.
The fact they notified you of failure on last day of probation doesn't matter, it was a 3 month probation and that lasts for 3 months.
As I understand it, probation on new contract has nothing to do with your statuary notice rights, that would be if dismissed, but you wasn't, your contract was changed and you was aware of the immediate effect clause within your probationary agreement.
Really hope I'm wrong and you can sort out something positive.
However, since I handed my notice in they seem more keen than ever to get him on the team!
I hope he tips them bollox!
If you have a new full-time contract then they have in reality terminated it/unilaterally changed it back to your previous contract. You have in excess of two years service and therefore 'could' bring a claim at an Employment Tribunal for unfair dismissal.
If however the full-time role was a secondment/trial (not a permanent change to your previous contract) then you have less going for you.
The devil, as in all cases like this, is in the detail.
The first move by you could be to raise a grievance but it really depends on what you want to achieve from this.
Your previous service counts so you have more than 2 years service.
Definitely a grievance to be put in. I would tell the union you'd like their support with putting in the grievance at this stage. (See how the company handles that- probably incompetently as they seem the sort, which will strengthen your case against them if you decide to go forward along the formal complaint/ tribunal route).
Ultimately you may take the view that it's more hassle than it's worth this time but if you don't make some kind of stand they will try it on again and again. If you judge it right you may find they don't try it on again with you a next time.
So, i would focus a grievance in the area of wrongful dismissal; that they have created a new contract on new terms then unreasonably torn it up and reverted back to a previous contract without consulting. As Bob says, devil is in the detail but this approach will make them jump and you should be able to restore your position as a full timer on the most recent contract. I think you have a strong point about notice periods as you are drawing on stated terms in the contract (including handbook), and there's a good chance they will back down when they realise you have a serious grievance.
Keep it simple and follow the grievance procedure in the handbook. Don't bank on union support, or mention the union to the employer at this time (is the union recognised in the workplace? - if so, then do pull them in sooner than later if they are willing to give support). Ignore any clauses in contract or handbook that say you are not entitled to follow the grievance procedure, but otherwise follow it to the letter.
https://www.gov.uk/dismiss-staff/overview
http://www.compactlaw.co.uk/free-legal-information/employment-law/wrongful-dismissal-introduction.html
Sounds like it is well worth a try. If it gets too stressful or you are not getting adequate support you can decide later what to do next.
Generally speaking, if you move to a new role with an existing employer, you are not in the same position as someone who had started that role from outside - the most obvious one being that your continuous service for unfair dismissal / redundancy pay still holds. You're not re-set to day one in employment law.
I changed roles with one employer a few times, but when I got redundancy, that was based on the total length of service I had there, not the time I'd been in the post I held at that time. (Length of service is also continuous when an employer / contract changes hands, but that's another story.)
This stops dodgy employers promoting people one week and sacking them (on 'new starter' terms with no notice or redundancy pay) the next.
If I'm reading it right, you've not actually been dismissed (as in had your employment terminated) by this employer, but moved back to a previous role. I'm not sure that any 'unfair dismissal' terms, or statutory notice periods apply here, as you've not had your actual employment terminated.
On the face of it (and I'm not a lawyer, and it's a while since I've been a trade union rep) I'm not sure that any law has been broken here. Unless employer's decision was based on discrimination due to a 'protected characteristic' e.g. gender, race, sexual orientation, disability etc. - and such things can be hard to prove.
Having said that, if the decision was due to you being ill, and the illness is due to a long term health condition, such conditions may be classed as a 'disability' in law, and discrimination on grounds of disability may also be illegal (if this is the case, then more specialised advice in this area may be worth seeking.)
(as an aside, it does seem absurd that at the same time as the government / media is pushing the line that if you're not 100% disabled all of the time you ought to be working, most employers are taking the line that if you're not 100% well all of the time you can **** off but maybe that's another discussion for elsewhere)
There may be scope for a grievance here, especially if employer had not followed its own procedures - or if the procedures are so vague they can do what they like, but as others have said, would suggest talking to your union and / or ACAS before trying to deal with it.
Best of luck.