Fixed term contract problems

[recompense41]

Hi,

 

I was given a month's notice that my one year fixed term contract would finish end of Nov and it wouldn't be renewed. The way this was dealt with was poorly handled. I complained in writing to my manager and asked for the decision to be overturned as the work was still there and there was an agency worker on the team who had only been there for a few months. I was a direct employee of the company.

 

As a result of the meeting with HR and my manager following my complaint letter, I was dismissed immediately and only given two weeks pay in lieu of notice. My contract states a minimum of one week, but surely if I already have notice in writing of an end date this can't subsequently be revoked and reduced? The reason given for my immediate dismissal was my 'reluctance' to train someone else to take over my role. I had merely asked what was my position concerning the training and that I felt uncomfortable with it. At no time did I refuse to do the training. I have had good appraisals, good timekeeping and no time off sick. I have always worked overtime as needed.

 

Any advice would be appreciated.

 

Thanks

 

R

[papasmurf1cx]

They obviously didn't want you to have employment rights as they got rid of you with less than 12 months service. Unless there is an element of discrimination then your best use of your energy would to search for a new job.

[CONCILLIATOR]

Terminating your fixed term contract before the due date without good cause is ‘Breach of Contract’

Merely seeking clarification as to your position can hardly be said to be grounds for summary dismissal. In fact, they have unwittingly given you the opportunity to have your case heard by an Employment Tribunal.

[recompense41]

Thanks for your input. Unfortunately the terms and conditions of my contract stated one week's notice could be given either way, so I don't think this is breach of contract.

 

I do wonder how legal it is for them to give me an end date in writing and then subsequently shorten it by three weeks?

 

R

[recompense41]

Hi again,

 

I wonder if anyone can help me with the latest development in my case.

 

I raised a formal grievance against my dismissal. I had my grievance meeting today with my former employers. They wouldn't answer any of the questions put to them, merely writing them down and then saying they would come to a decision next week. (I had already outlined all these points in detail in my written grievance submission.) Is this normal during a grievance hearing? They are also saying that I will have no right of appeal against the grievance outcome as I am no longer an employee and therefore they can follow a modified procedure.

 

Any thoughts would be appreciated.

[recompense41]

Hi

 

An update on my case: -

 

I have received a written apology for the way my dismissal was handled and they want to to have a 'without prejudice' meeting to discuss my request for further payment (ie compensation). Any tips on how I should handle this? They haven't admitted breaking any rules. I understand a 'without prejudice' meeting cannot be later used in any tribunal claim. Can I still take along a respresentative?

 

Any input would be appreciated.

 

Thanks

 

R

[becky2585]

Hi there,

 

Potentially, as they have technically breached your contract, they could be liable to pay you for the duration of the fixed term contract in law (although it is impossible to say whether this is the case without reading it). There is no wrongful dismissal element to your claim as they paid you adequate notice. Are they worried about a potential discrimination claim?

 

With over 12 months' service, normal unfair dismissal provisions apply. With under 12 months service, as in this case, your action for damages could be limited to the duration of the contract (which is a maximum of three weeks' pay) if there isn't an automatically unfair reason for your dismissal.

 

You don't have the right to be accompanied to the meeting, but it wouldn't hurt to ask. A without prejudice chat is an "off the record" chat, which, when given its true meaning, is a genuine attempt to settle a dispute between two parties. You are correct in saying that it would not be discloseable in Court/Tribunal unless it was found not to have attracted genuine "without prejudice" status.

[recompense41]

Thanks for your comments.

 

An update: I had my without prejudice meeting and have been offered just over a month's salary as compensation - offer letter to follow in post along with compromise agreement. They have also offered £250 to cover solicitor's fee for looking over the agreement. Do you think this is reasonable?

 

I had a half hour consultation with a solicitor and he believes I do have a claim for unfair dismissal as my work as a temp there would take me over the one year's service needed. Because the company has breached so many rules I feel strongly about taking this further even if it would just get them to up their offer. However, it's more about the principle and the way I've been treated than the money, although the money is always useful as I'm out of work now. it's a global company with over 60,000 employees and they have to learn they can't treat people in that way.

 

R

[becky2585]

£250 plus VAT is the standard contribution towards legal fees but you would probably get basic advice for this only - i.e. they wouldn't be able to take a detailed analysis of your employment claims for that amount, it would merely be to advise you on the terms and effect of the agreement and to deal with the adminstration of it.

[papasmurf1cx]

If they have made you an offer this early on it is because they know they are wrong and trying to buy you off cheaply. The contribution to the compromise agreement is in their interests because CA's anot valid without legal advice or done through ACAS mediator. If you have not issued an ET1 to get it heard in the Tribunal they know you are not serious about making them pay... you have to make them obey the letter of the law not just the spirit.

 

IMO they are shafting you... again!

 

It is about the money if you are unemployed. Are you up to doing this yourself or not, that is the question?

[recompense41]

I agree they are trying to buy me off cheaply, that's why I'll be pushing for more and if necessary taking it to a tribunal.

 

They have admitted in writing they got things wrong and apologised, so they know I have a strong case.

 

I'll keep fighting.

 

R

Edited December 2, 2011 by recompense41
typo

[papasmurf1cx]

Try writing them a without prejudice letter detailing what you actually want. Did the solicitor state what you would actually be entitled to? If not I would ask the guys on here to advise what that figure is. You will then have an idea as to what they are offering is right or not.

[recompense41]

Yes, he suggested a minimum award would be two months pay plus one month for not providing a statement of reasons for my dismissal. In addition any loss of earnings if I don't find another job, up to maximum of a year. Obviously I'm applying and trying very hard to find another job, but in the current climate it is very difficult.

 

I will do as you suggest and write them a without prejudice letter. I did state my desired outcomes in my grievance but it wouldn't hurt emphasising what the solicitor has said.

 

Thanks for your advice

 

R

[papasmurf1cx]

Give them a defined period to reply eg 14 days otherwise you will issue proceedings. If you do state this you must follow through with the threat of proceedings otherwise they will not believe you are serious.

 

Good luck, keep us posted we all like good news stories when OP's succeed in their efforts.

[recompense41]

Hi,

 

An update on my case -

 

My ex-employers have increased their offer by almost a month's pay, but I have rejected it. I will now be proceeding with my ET1.

 

I have to hold my nerve and risk the money they have offered by pursuing the claim further. If I don't I will aways be left with 'what ifs'.

 

Will keep you posted.

 

R

[honeybee13]

Hello again and thank you for the update. It sounds like a step in the right direction if they're offering money.

 

My best, HB

[recompense41]

Hi,

 

I submitted my ET1 claim back in January. It was accepted and a copy sent to the ex employer. However, I have not heard anymore. I know the respondent would have 28 days in which to reply and then a copy of their ET3 would be sent on to me. Can anyone advise how long this would take after the 28 days? I have tried ringing the office that is dealing with the claim, but the phone rings and rings and is then cut off. I have tried several times a day on different days. Any suggestions? I feel as though I've hit a brick wall.

[Browncow]

Hi,

 

I submitted my ET1 claim back in January. It was accepted and a copy sent to the ex employer. However, I have not heard anymore. I know the respondent would have 28 days in which to reply and then a copy of their ET3 would be sent on to me. Can anyone advise how long this would take after the 28 days? I have tried ringing the office that is dealing with the claim, but the phone rings and rings and is then cut off. I have tried several times a day on different days. Any suggestions? I feel as though I've hit a brick wall.

 

You get the ET3 response from the Employment Tribunal not the employer and it should only take a couple of days to get that out to you.

 

Call the ET dealing with your claim and ask if a defence has been submitted and, if so, where is your copy? This can be done by e-mail as well as phone to use a belt and braces approach and make sure that your request is on record.

 

If no defence has been filed, and no extension of the 28 day response period formally requested by your employer or their brief, I believe that you can ask for a default judgement for the full amount of your claim.

[becky2585]

Try calling again, it may sound basic but have you caled during normal office hours and not at lunch?

 

Try emailing them too. Some tribunals are literally taking weeks to send out ET3s at the moment! The important thing is to make sure that it's been filed.

[recompense41]

Thank you for your reply. I have already tried ringing the employment tribunal office as I stated in my post, on many occasions, but no-one ever answers the phone. I have emailed but all I get is an automated response. Short of going directly to the tribunal office and demanding to speak to someone I don't know what else to do.

[becky2585]

Yes, but you didn't specify WHEN you rang, hence my comment.

 

Its either ring or email, there's not much else you can do, apart from wait...

[Browncow]

Thank you for your reply. I have already tried ringing the employment tribunal office as I stated in my post, on many occasions, but no-one ever answers the phone. I have emailed but all I get is an automated response. Short of going directly to the tribunal office and demanding to speak to someone I don't know what else to do.

The automated response usually gives a timeline for answering queries. It sounds as if you are in a particularly bad region. In London I get calls answered straight away and e-mails replied to within 5 days.

 

If making a personal appearance is at all possible, it might be the only quick and sure way to find out if your claim is being defended.

[recompense41]

Hi, an update,

 

I finally received a copy of the ET3 in which the company deny everything. However in the last couple of days I have received an offer from the respondent (via ACAS) for settlement - but the figure is £1k less than they offered before I took it to tribunal! I am going to turn it down and propose a figure based on the fact that I was out of work for two months after I was unfairly dismissed, and am now earning £3k less a year than previously. Does that sound reasonable?

 

Thanks again for all your input.

 

R

[assisted blonde]

I think that you may be forgetting that you were on a fixed term contract so I cannot see how the fact you are earning less now is relevant as you would have been finished at that job anyway. I may be being a bit thick so apologies in advance. if the company had just dismissed you or not renewed your fixed term contract then you would not be in a position to claim anything from them.

[recompense41]

I understand where you are coming from but it's more involved than simply not renewing a fixed term contract. They summarily dismissed me before the end of the contract without good grounds. In addition the temp on the team is still working for the company; a permanent employee wouldn't be expected to give preference to a temp, so I believe I was treated less favourably than permanent workers.

Edited April 6, 2012 by recompense41
typo