Contractual Issues with Local Authority

[orfoster]

Who thought a local authority would know what they are doing when it comes down to personnel.

I wondered if anyone could give me some assistance in a dispute I have with work.

I have a few jobs.
Job 1 is contracted for 15 hours a week
Job 2 is a Relief Post.
Job 3 is also a Relief On Call post.

Sorry I just want to make it as simple as possible otherwise it gets confusing.

Job 1 they said in the job discription that it was for 6 months, however, my contract says nothing about this and only refers to 6 months probation and says I am casual?? If I am contracted hours how can I be casual, is that correct for a start? And if it doesn't have anything in my contract to mention the 6 months except the probationary period does that now mean that because i've been doing the job 7 months i've now passed that and they can't just terminate my contract??

My next issue is that in another department they are short staffed so they have asked me to do "job 4" I have no contract what so ever for this position and they told me that I would be doing this on job 1's pay rate. Now they have told me nope you cant get job 1's pay rate and you can only get job 4's pay rate which is alot less. I didn't think that was right either, how can they put you on a different job without actually giving you a job where you agree to the conditions (including pay) so they have also told me I can't get any holiday for the hours I do in job 4. I wish I didn't have to do job 4 but I can't get out of it as they are thinking of putting job 1 and job 4 together at job 1's pay rate and if I stop doing the job then they have told me "You won't have the experiance to get the new job" .

Can anyone give me any advice??

I know I can go to my Union as I am a member but they have been rubbish in the past so wanted to see if I could get info myself.

Thanks.

[shywazz]

Very complicated issues you have stated, if you can't use your union for reasons you state, then try Acas website whom might be able to assit you further.

[bazak1]

i would assume that if your contract states 6 month probation then yes, if you are now in your 7th month then you should have the rights you state.
check with CAB for further advice.
i get what you are saying about jobs 1 and 4. but, if what you say is true about them putting both jobs together on job 1's pay scale then wouldnt it be better for you top hold out and get that experience.
i myself work for my local authority too, and very seldom do they try and stitch their employees up.

[katanna]

If your employment contract stated 6 months trial period, then after the 6 months, they have to renogotiate your employment responsibilities, however, you need to tread carefully, after the 6 month period, they can give you a 1 weeks notice of termination.
What you need to do is approach your employer and ask for a new contract as you old contract has expired under the terms and conditions of the old one, do this in writting and via recorded devlivery mail.
If they refuse to give you a new contract, after 4 weeks of signing the letter, refuse to do the extra work, and only do what your original contract required, if they sack you, go to your local ACAS office and start an unfair dismissle claim, the employment tribunal will ask your employer for a copy of your employment contract, after seeing it is out of date you will win the claim. In the claim procedure you will be asked whether you want your old job back or compensation, this is up to you, if you believe that you will become a villian at work, or singled out, go for compensation, compensation is usually 1 years remittance plus holiday entitlment (even if you have only been ther 6 month).
Most large employers will try to settle out of tribunal, this is down to you, but do not get bought off too cheaply.
My experiance comes from taking Mr Maxwell (the Sun, the times, Sky, Comet owner) through this process.

[Sidewinder]

Originally Posted by katanna

My experiance comes from taking Mr Maxwell (the Sun, the times, Sky, Comet owner) through this process.

Or Mr Murdoch perhaps....?

[paulgmb]

Hi,
This is quite complex but if you go beyond a probationary period without a review then in most cases you are permanent. However it might be better to say nothing as it is difficult to take an employer to tribunal before i years continuous employment.
I don't see any reason why you should have to take on job 4 at all?
You say you have had difficulties with your Union in the past. With local authorities you have the luxury of choosing between at least 2 or possibly 3 different Unions. If you are not happy with one then leave and join another, its your right!

Best regards,

Paul