Is this constructive Dissmisal?

[Metall13]

Hello

 

I recently started working for a local company and have come across a few issue

 

I started working at my current employers on 2nd October 2013. During which time a formal contract has never been drawn up for me to sign.

I started the job after the staff their jokingly told me how the previous employee had a 'meltdown' and left. The joke was that 'A' the accountant and her always argued.

 

Within my first few weeks various small amounts of training on sage and accounts was given but nothing substantial.

I report to the Sales Manager and as such voiced concerns to him which he agreed with and said he would address.

 

Further issues have arisen between me and 'A' as he a very rude man and expects me to do a role which i was neither hired to do or have been trained adequatly for.

I have also voiced these concerns to the sales manager of which he told me not to worry about

 

I have tried very hard in this role, staying back late and coming in one saturday to catch up on invoicing after being out driving (which i was not hired to do) the day before.

 

There was a meeting around 3 weeks ago between 'A' the sales manager and myself to ask how i felt i was progressing, again, i voiced the same concerns which was agreed id get help with, these changes have not happened.

 

Today i overhead a conversation in another office on the fact that 'although im a lovely girl, they don't think i can do the job and then discussed what to do with me, including giving me a paycut' No one apart from myself and my partner knows i heard this

 

I did not take this up with anyone, however this evening when i got home and looked at the online job situation, low and behold, there is my job role advertised with the same pay... Everything the same.

 

I feel terrible, no one has spoken to me about this. I have not had the extra training or changes i was promiced ie not being left in the office on my own while the sales manager moves house and now they are advertising my job after everyone has been acting nice this afternoon.

What do i do? I need this job but i feel like i have been made a fool of, do i even go in tomorrow?

 

Please help and any advise on where i can go from here?

 

thanks

 

Mia

[kirkbyinfurnesslad]

They can get rid of you as you currently have no rights. I suggest you look for another job right away.

 

It's either jump or be pushed as they have advertised your position

[Metall13]

Do i not have any rights at all? They have not discussed this with me and i have noted on several occasions that i need more help of which has not been given?

Obviously working for said company is not something i want to continue and i am now actively seeking another job, however i am basically being pushed which i was under the impression is constructive dissmisal?

[kirkbyinfurnesslad]

Quite simply you have no rights in this situation. It may not be what you want to hear and no it isnt constructive dismissal

 

They are within their rights if they want to give you the push if they dont feel that you are competent to do the role.

 

So fiind another job and move on asap. When are you due to be paid...?

[Metall13]

i am due to be paid on thursday and have worked 2 weeks in hand, will they be required to pay me in full on Thursday?

[kirkbyinfurnesslad]

i am due to be paid on thursday and have worked 2 weeks in hand, will they be required to pay me in full on Thursday?

 

Of course.

 

Keep your head down until the money hits your account......

[Metall13]

Thanks for our help. It is a shame and i am gutted but atleast i know now before i get the boot and something may come up, thanks again for your help

[kirkbyinfurnesslad]

I have been in the same situation as you before many years ago, i knew i was crap at the job and they did indeed advertise for my role, i even had to take phone calls from people and agencies inquiring about the role

 

Most awkward. I got paid a few days later and didnt return

[becky2585]

It actually could be constructive dismissal, but the problem is length of service - you need two full years service for a standard CD claim.

 

After one month I think you need to accept that it's a poor job with poor people and find something quick! If they dismiss you and you've been there over a month then they need to pay you a weeks notice pay.

[steampowered]

As you have been working there for more than a month you will have a right to one week's notice.