#Employment Problems

[misterh]

Hi,

 

I was wondering if someone had any advice regarding my employment problems outlined below (short of consulting a solicitor)?

 

On the 3rd of March 2011 I was offered a permanent job as a Web Developer. I had also applied for another job (unrelated that mentioned FULL training). The same day that I had received the first job offer I contacted the other employer regarding the status of my application. I was informed that I would most likely be offered a "trial" by the end of the week. I proceeded to ask a number of questions regarding the job, specifically how long the trial would last (all communication by email). I was informed that the trial would be from 8th March 2011 to 8th April 2011 and "all being well between both parties" I would be offered a full time position after this.

 

I then accepted the trial (declining the other position, which the other company knew about). I proceeded to completed some training for the new position. On the 24th March 2011 I was informed that the "trial" was to be extended to the end of April 2011. Obviously I wasn't too please but I was willing to accept it (I did make my feelings known, in a diplomatic manner). I also specifically asked whether the trial would be extended further come the end of April, to which I was informed "The trial will not be in anyway extended beyond April 30th".

 

I then proceeded to work the days that I was scheduled to do (11 in total). After the 6th day of working I was informed by email that, after conversations with other members of staff that I had worked with the that they had received some "not so positive" comments but mostly positive and they are going to extent the trial to the end of May 2011. I then asked what these where and what I was told I didn't agree with at all, it appears as though they are making excuses to extend the trial and keep me hanging on. I then sent a reply stating this with examples on the 21st of April 2011 and I am still awaiting a reply. I was in no way informed of these "not so positive" comments when they occurred, nor was I informed that I wasn't performing as well as expected at the time so I assumed all was well.

 

I had been out of work for a few months so I am in a bit of debt and all this prolonging of the "trial" is causing me a lot of problems as I expected to be in full time employment from the 8th April and then the 30th April. A company vehicle was promised when full time employment is offered but during the "trial" I am expected to make travel arrangements (which involve travelling to numerous locations that could be up to 3 hours away (expenses paid in arrears)) thus delaying the offer of employment means me having to arrange transport as I don't own my own vehicle.

 

I have not signed or received a contract of employment but I have received a payslip for this months pay (having sent a p45)(including an employee number/being taxed etc so I must be on their PAYE scheme).

 

My question is, what, if anything, can I do? Just send a formal grievance or is there anything else I could do as they are basically taking the mick out of me? Since I haven't been given a formal employment contract (as it is casual, paid per day during the "trial"), would the answers to my questions that I previously been sent form the terms of my employment?

 

Obviously I don't want to rub them up the wrong way but I would like to know my rights.

 

Many thanks in advance.

 

Mr H (anonymous name for obvious reasons)

[Sidewinder]

Hi Mr H and Welcome

 

Your rights, in short, are basically nil. I realise that this isn't what you want to hear, but it is a fact. A trial can be extended for as long as they want it to continue and providing that you are paid for any work that you do, there is not much more that you can do.

 

For what it is worth, I am inclined to agree that they are keeping you hanging on, and it sounds as though they are well aware that you will only start to accrue the most important employment rights, particularly to be able to take a case of Unfair Dismissal to an Employment Tribunal, once you have worked there for 12 months. I may be wrong, and I hope so, but this sounds like a classic case of a trial (or probationary period) being extended until just before a year's service has elapsed and then being told that you are not suitable after all.

 

You could indeed raise a grievance, which might tell you one way or the other exactly what their intentions are towards your continued employment, or you could just try and keep your head down until you have been there a year and keep under the radar, so to speak. Alternatively you could keep your options open and start to look at alternatives, perhaps where you might be better appreciated, but be warned that the 1 year rule rule (the Government intend to make this two years believe it or not!) will apply wherever you go, and in the current economic climate, no one place is much safer than another.

[elpulpo]

Aye.

There'll be a chap called Teaboy along in a bit who'll tell ya that they're in breach of contract and ya can sue em for every penny they've got.

Ignore him.

[misterh]

Thanks for the prompt reply Sidewinder.

 

I was afraid that would be the case. I have read other cases of probationary periods and feared that my situation would be the same.

 

The thing that annoys me is that I have been promised that the extension(s) would not occur and it has due to some small (and rather pathetic) reasons during, only, the first 6 days of working there. But as you say they are under no obligation to employ me or not extend the trial, I just thought that as I was on their payroll I might be entitled to some protection.

 

On another note (as I am an employee now and not a contractor), would I be entitled to any paid holiday (will work 11 days in April as an employee)? How is it worked out?

 

I have already started looking elsewhere, but I have not had much look recently so I want to keep hold of this probationary work just to see me by.

 

I know that I am perfect for the job (as said by an employee and numerous of the companies clients and partners) and I would be a great asset to the company (which I am sure they know as I can offer web/software development (which they are look at) which would cost them considerably more compared to the salary they are offering! as well as having a lot of experience of the products/services that they sell). If I had an alternative source of income then I would give them an ultimatum (offer me a contract of I walk!) but sadly I don't.

 

I will see what they come back with in response to my latest email pleading my case and then decide on whether to lodge a grievance (but I imagine it will probably do more harm than good). I may write to the organ grinder himself stating the situation, what I can offer etc and express my disappointment.

 

On the other hand, any fuss that I kick up will most probably hinder my chances of being offered the position so until I find something else I will most probably keep my head down and try and stick it out.

 

We'll see!

 

Thank you for taking the time to respond to my questions.

 

Mr H

[Sidewinder]

You most certainly will be entitled to holiday pay.

 

Have a look here for details http://www.direct.gov.uk/en/Employment/Employees/Timeoffandholidays/DG_10029788

 

If it were me, without actually raising a grievance as such, I would be asking for a meeting with the employer to ask frank questions about my 'performance' and any pointers as to what more they would like to see me doing. You have made a couple of very eloquent statements above about your suitability and the value that you can bring to the business, and perhaps the right ears need to hear those comments?

[Sidewinder]

Aye.

There'll be a chap called Teaboy along in a bit who'll tell ya that they're in breach of contract and ya can sue em for every penny they've got.

Ignore him.

 

Now Now!

[misterh]

Thanks Sidewinder.

 

I'll wait until I hear back from them (might have to chase it up tomorrow/Tues) and if I am not happy with what they say then I will ask for a meeting with the powers that be (although that may be difficult as I have been dealing with a senior member of staff at the moment and the next highest person is the chairman who is chairman of numerous other companies (this is a smallish company), but I will try ).

 

Thanks again. I will post how I get on!

 

Mr H