Contract terminated??

[petethemanc]

Further to my query regarding a problem with my employer. I today received a letter from the company stating that my contract was terminated and i have been given one weeks notice which i do not need to work. However, there was no reason given as to why my contract has been terminated, i have been with the company 8 months and my probabtion was at 6 months. I was notified at my 6 month point that i had fullfilled my probationary period and was now classed as a full time employee. Surely they can not do this can they?

[Bigredbus]

Hi,

 

I assume that this thread follows your previous one...

 

http://www.consumeractiongroup.co.uk/forum/employment-problems/260457-suspended-work.html

 

(a) Do you have a letter stating the above? (satisfied the probation period and confirmation of your permanent employment status)

[petethemanc]

Hi,

 

I assume that this thread follows your previous one...

 

http://www.consumeractiongroup.co.uk/forum/employment-problems/260457-suspended-work.html

 

(a) Do you have a letter stating the above? (satisfied the probation period and confirmation of your permanent employment status)

 

Hi and thanks for the reply, yes this follows on from the previos thread. And yes i still have the letter stating that my probation was fine and that i was now a permanent member of staff.

[Bigredbus]

Hi,

 

Under ERA 1996, s92... you are entitled to written reasons for dismissal if continuously employed for one year...

 

However, I would still request that they send you a letter containing a brief of their decision, and facts leading to this outcome.

 

Do you have any idea about the basis behind their decision?

[petethemanc]

Hi,

 

Under ERA 1996, s92... you are entitled to written reasons for dismissal if continuously employed for one year...

 

However, I would still request that they send you a letter containing a brief of their decision, and facts leading to this outcome.

 

Do you have any idea about the basis behind their decision?

 

 

Hi thanks for the reply, well its pretty much to do with the previous thread http://www.consumeractiongroup.co.uk/forum/employment-problems/260457-suspended-work.html

 

 

But surely they must go through the proper procedures of a verbal warning first? i was told that if there were any problems then HR would and should be there. This never happened here and i felt intimidated having to head project engineers on a one way send conversation with me. I felt it was not dealt with correctly and had it been then we would not be in the situation we are now.

[Bigredbus]

Because you have been with them for less than a continuous year, you would not have recourse to legal redress.

 

Upon the conclusion of their investigation, they felt reasonable to terminate your contract. They would not have to go through the disciplinary prototcol to dismiss you, and consequently could dismiss you for pretty much anything, as unreasonable as it may read.

[petethemanc]

So even though i had successfully seen out my probation and then some, i still have no legal rights whatsoever? not shooting the messenger, it jsut seems ridiculous that i have to be there a year before i have any rights.

[Philip23]

What BRB has said is correct. Less than 12 months and an employer can just terminate your contract without even giving a reason. This happens all the time. The only legal route is if there is an element of discrimination.

 

I feel very sorry for anyone this happens to - it happened to my son with his first job - and he didn't even get a reason why, and to this day doesn't know why. Very unprofessional IMO.

 

Best of luck in the future.

[petethemanc]

Well i have found out from a former employee who left before. He did say that in his opinion they were looking for a reason due to the location where i lived. It was getting more difficult to get me out on on call jobs as most were in the merseyside area whereas i am in the west yorkshire area. A few things are becoming a little clear now. Very underhand in my opinion and i can do nothing about it. I do think it is very unfair having to work for a year before having any rights, if i have a permanent contract after probabtion then as far as im concerned i should have rights.

[honeybee13]

I'm sorry petethemanc, in your case the law is the law, I also don't think you can change things, unfair though it may seem.

 

I hope you find something better, people on the forum have.

 

HB x

[Sidewinder]

Unfortunately the law is extremely unfair. You may well have been unfairly dismissed (and this seems clear cut on the basis of not following minimum disciplinary procedures), however you cannot take a case for Unfair Dismissal to a Tribunal with less than 12 months service save for certain specified exclusions, the main one being discrimination. A probationary period means absolutely nothing in law - neither does making you a 'permanent' member of staff for successfully completing that milestone - the 12 months service is what counts.

 

As honeybee13 says - best to put this down to experience and good luck in finding something else quickly.

[petethemanc]

Well i may just have an ace up my sleeve. I have a certificate given to me by my boss which was a forged RF awareness certificate to use until they could get me on a course. This is a BIG no no in my line of work and can get the companies contracts terminated. How would you suggest i use this information?

[honeybee13]

Hello again. I don't know what RF is, can you help me please? If it's anything to do with the HSE [Health and Safety Exec], it could be reportable.

 

What are you hoping to achieve with the information?

 

HB

[petethemanc]

Hi Honeybee. RF is radio frequecncy awareness, it is to do with HSE, and something like this i guarantee would get the company shut down. It would mean me working on telecomms sites with high-very high RF output which is dangerous if dealt with incorrectly. Now my former boss edited a RF awareness cert and changed the last number and put my name on it. When all the certs had to be updated he did make sure that one came back as i think he was a little worried with everything ahd gone on, but i had made a copy before that. What am i aiming to get from this info....just a better settlement package than one weeks notice seeing as though i have to give them four, and a good referance.

Edited June 7, 2010 by petethemanc
Spelling

[Bigredbus]

Hi,

 

Are you sure that your certificate, and others (?), have been doctored?

[petethemanc]

Im absolutely 150% positive, as i havent attended the course. Everyone who attends the course has to be verified with id and their course number. This goes back to a central office and this is checked religiously. If it doesnt match in anyway it is returned and investigated. Now ovbviously my cert was never sent to the records office, just given to me for when i worked on contract x (where they were not checked on site) but then i was moved to contract y (where they would be checked)

 

EDIT

 

 

Also only my cert was doctored, the reason being i was away when the course was run. So while they tried getting me on to other courses i was to use the doctored cert.

[Bigredbus]

(a) Have you, since, attended the course and get a 'proper' certificate, or are you still in possession of that 'doctored' certificate?

[petethemanc]

No i ahve not attended the course since, and yes i am still in possession of the doctored certificate.

[Bigredbus]

You could inform the HSE about it... sending a copy of the 'doctored' certificate...

 

Bear in mind that you were contracted on sites where being in possession of such a certificate was an obligation (checked or not) and you were (and are) fully aware that that certificate was 'doctored'...

[petethemanc]

Hence the reason i was going to " barter " with my former employers and call their bluff rather than proceed to the HSE. Regardless of how bad they have treat me, there are peoples livelyhoods at stake here and i would not want to jeopordise that.

[honeybee13]

Hi guys. I don't claim to know anything about this, I just wondered if there is any obligation to report something to the HSE if you know it's wrong?

 

HB