Unsigned contract of employment

[jononi-exchange]

My mate thought he was offered a permanent post in November 2006, approximately 10 month later only recently he was informed by his employer that the job was a secondment for 3 months. The employer sent him a copy of a letter of confirmation of employement sent to a address he never lived at.

if he was aware of this letter of confirmation he would have contested the letter. There are other issues harassment, victimising and racism too.

Can someone please advice if he has a case in relation to the term nature of of employment?

Thanks

[GlasweJen]

need more details. did your friend ever get a particulars of employment (not the same as a contract)? Was it stated on the job advertisement that it was a temp post? Did he ask why the letter was sent to a different address?

[OrangePrimate]

And if the secondment was initially only for 3 months, where is the paperwork detailing the extension of that secondment up until now, 10 months later?

[jononi-exchange]

Originally Posted by OrangePrimate

And if the secondment was initially only for 3 months, where is the paperwork detailing the extension of that secondment up until now, 10 months later?

The employer alleged that they sent him a letter to a address that he never lived at before. No other paperworks were produced. What does he do now.

The has been demoted and told to go back his substantive post.

[Fade2Gray]

Firstly check details of how the post was advertised and note down any recollections of what was said during the interview etc. Next ask the company to produce a copy of the letter complete with evidence of the address it was sent to - there should be a copy on his file. However, it remains the employees responsibility to update their personnel details. Actually signing a contract has very little bearing legally as it essentially just a means for the employer of confirming the employee has seen it. Merely performing the duties and responsibilities of the post is seen as acceptance. Your friend may wish to raise a grievance once he has checked the evidence.

[jononi-exchange]

Originally Posted by Fade2Gray

Firstly check details of how the post was advertised and note down any recollections of what was said during the interview etc. Next ask the company to produce a copy of the letter complete with evidence of the address it was sent to - there should be a copy on his file. However, it remains the employees responsibility to update their personnel details. Actually signing a contract has very little beating legally as it essentially just a means for the employer of confirming the employee has seen it. Merely performing the duties and responsibilities of the post is seen as acceptance. Your friend may wish to raise a grievance once he has checked the evidence.

He carried out duty of the post for over 10 months before he was told to F*** off to his so called substative post. The employer has produce a letter of confirmation of offer and said it was posted via first class mail.

I shall explain in more details to give you a overview of the circumstance of his situation;

The section he works in has four different teams. His team requires two team managers. Now his directline team managers left the organisation and that post became vacant. This post was advertised on a temp basis. subsequently, the other team manager was asked to leave and lead on a project for 3 months. At the interview the section head decided to fill both posts and recruited two team managers from the same. my mate became 1st at the interview and his records of achievement within the section was far better than his competitor.

[Fade2Gray]

I think you need to find out where they picked up the incorrect address from they sent his letter to. Did your mate ever question why he had not received a contract? From expereince, the best your mate could hope for it to put a grievance in on the basis that the employer led him to believe the post was permanent - this is backed up by the fact they appear to have let the post run for 10 months?

Why is the post only temp? Are they going to advertise it on a permanent basis? It maybe worth noting that someone in a temp position has no automatic right to the post should it become permanent.

[OrangePrimate]

Originally Posted by jononi-exchange

The employer alleged that they sent him a letter to a address that he never lived at before. No other paperworks were produced. What does he do now.

The has been demoted and told to go back his substantive post.

Thats my point, how can they claim that the role was only a 3month secondment but allow it to continue for 10 months without any kind of notification of extension etc. and why on earth would they be posting the letter to him when they could simply hand deliver! firms only generally post to employees (and it is by recorded delivery) when it is an invite to a disciplinary or something.
Sounds very much like they are pulling a fast one!

Another question, if he has returned to his substantive role, who is doing the 'seconded role'? has it been made permanent? was it advertised for all to apply for the now permanent position? all could have a bearing.

[tiglet]

I think it may be worthwhile calling ACAS to get some advice on this.