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Job issue please help?


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My Girlfriend took a job in February 2009 at a hotel. The job that she took was on a temporary basis to cover two girls that were going off on maternity. The job description that she was given was the kind of work that she was looking for, and although it was less money than she wanted, the experience was the kind she needed to gain in order to progress her career. She was told that her pay would be reviewed after 6 months, and that the job would be made permanent after this time.


She has never received a contract, nor has she ever received a job description. She has been asked to fulfill several roles (not included in the original verbal job description), to cover more than one member of staff on maternity. She has not received any review to determine how they feel she is doing her job, and has been on the end of some vicious behaviour from her boss.

Despite this she has performed the tasks she has been given well, and has had several positive comments from other members of staff.


Today she has been told that if she wishes to remain at the company she must change her job, accept shift work, and take a pay cut.


This strikes me as very unfair. Having never been given a contract to sign, been overloaded with jobs (meant for 2 people), not receiving any support or guidance, despite the initial promise of wage reviews and extension of the temporary position, and now to be told if she wants to stay with the company accept this lower positioned role, with less money, and more hours.


Can anyone point us in the right direction on how we can get some advice or help?




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She will not have accrued any rights that she has been working for less than one year. Despite this the employer certainly should have given her a contract or released a statement for basic terms of employment. As far as I can see the only right that she has are to receive this statement.


She can complain if she wants but I expect that she will not then be able to get the job that she is being offered. She is a difficult position but frankly there is very little that she can do. She could claim about not having received the statement of terms that this won't produce any great benefit

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Thanks for the reply.


It all seems very unfair, and encourages companies to behave badly. Keeping people on temporary contracts (or no contract) so they can get them to do whatever they feel like, and then force people to leave the company by offering them less money when they have had what they wanted from someone.


I would have thought that there would be more protection for employees?

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She will have a contract even if it is only a verbal one... every full time employee has. Obviously, it should be in writing and she is entitled to such within 4 weeks as raydetinu said. The terms of the 'contract' are agreed at the interview stage and are binding for job discription, salary, hours ect.


The only problem is that up to 12 months of continuous employment has to pass before she is protected by most of the employment laws and they can dismiss her without reason in that period. However, there may be a breach of contract here and as allready suggested, I would advise seeking advice from ACAS.


I certainly would not accept the changes being demanded of her just like that!

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I would always urge to seek face to face professional advice for clarification prior to taking any action.


Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

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suggest she gets in writing what the terms of the job are and the hours, pay etc. which will form the basis of the contract then she can make an informed decision to accept or not. I would look at constructive or wrongful dismissal if the original terms she was employed on are changed without consultation and agreement, in a take it or leave sort of way. defo spealk to acas.

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