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Just about to be dismissed, what to do?


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Hello fellow CAGgers, I hope you can help.

 

After a few months on the dole, in August this year I took a job in a call centre, because I was in dire need of both money and references. I initially applied for a permanent job but that was refused, so I was offered a temp/fixed contract job, specific to a certain project.

 

The contract states that it will run out on 31.12.2015 and there's no provision for an extension. However the manager told me informally that he needed me for an extra couple of months in 2016 and the rumour is that the project will be extended for another year, yet no formal notification has been passed over to me.

 

These 4 months have been a hell for me. The manager is a volatile person who alternates between moments of kindness and fits of raging abuse (he's a self confessed and proud alcoholic). I'm the only one on the floor who has been hired through a formal process of employment; all my colleagues are his drinking friends and they treat me with contempt.

 

I have been repeatedly made a scapegoat for my colleagues' monumental cock-ups, which I tolerated as it being part and parcel of a temp contract that was due to end soon. Lately the manager accused me in front of all my colleagues of losing a contract of over £2000. I won't go into details, but I had an argument with him and I told him that I had enough of his scapegoating and that he should go after somebody else for the loss of that contract. Since then he stopped speaking to me and nobody at work is on speaking terms with me, despite me saying hello and good morning to everybody.

 

I was sent an email saying that there will be a meeting on the first working day of 2016, with "an urgent review of my position". I expect nothing else than bad things, as I wasn't even included in the rota for next year (we usually receive it a month in advance).

 

Now, two things can happen:

- either I will be told that my contract has run out and it won't be renewed, in which case I'm fine and I'll go back to claiming JSA, but this is bizarre because I could have been told that right now before my contract ends;

- or I will be formally dismissed, with some allegations of damaging the company, which they cannot back up in any way, but will damage me because I will get bad references and possibly miss out on unemployment benefits. I'm very worried that the second will happen, as my manager is not a very bright person and is very revengeful. He'll rather try to destroy my reputation than let me go in good terms. Of course I could just be paranoid, but better safe than sorry.

 

My questions:

1) If I simply don't turn up at work next year, will I have broken the terms of my employment?

2) If the manager dismisses me with allegations, would I be able to claim unemployment benefits and

3) is there anything I could do to refute his claims?

 

Thanks

"Ask not what your country can do for you, ask what you can do for Poundland"

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Hello fellow CAGgers, I hope you can help.

 

After a few months on the dole, in August this year I took a job in a call centre, because I was in dire need of both money and references. I initially applied for a permanent job but that was refused, so I was offered a temp/fixed contract job, specific to a certain project.

 

The contract states that it will run out on 31.12.2015 and there's no provision for an extension. However the manager told me informally that he needed me for an extra couple of months in 2016 and the rumour is that the project will be extended for another year, yet no formal notification has been passed over to me.

 

These 4 months have been a hell for me. The manager is a volatile person who alternates between moments of kindness and fits of raging abuse (he's a self confessed and proud alcoholic). I'm the only one on the floor who has been hired through a formal process of employment; all my colleagues are his drinking friends and they treat me with contempt.

 

I have been repeatedly made a scapegoat for my colleagues' monumental cock-ups, which I tolerated as it being part and parcel of a temp contract that was due to end soon. Lately the manager accused me in front of all my colleagues of losing a contract of over £2000. I won't go into details, but I had an argument with him and I told him that I had enough of his scapegoating and that he should go after somebody else for the loss of that contract. Since then he stopped speaking to me and nobody at work is on speaking terms with me, despite me saying hello and good morning to everybody.

 

I was sent an email saying that there will be a meeting on the first working day of 2016, with "an urgent review of my position". I expect nothing else than bad things, as I wasn't even included in the rota for next year (we usually receive it a month in advance).

 

Now, two things can happen:

- either I will be told that my contract has run out and it won't be renewed, in which case I'm fine and I'll go back to claiming JSA, but this is bizarre because I could have been told that right now before my contract ends;

- or I will be formally dismissed, with some allegations of damaging the company, which they cannot back up in any way, but will damage me because I will get bad references and possibly miss out on unemployment benefits. I'm very worried that the second will happen, as my manager is not a very bright person and is very revengeful. He'll rather try to destroy my reputation than let me go in good terms. Of course I could just be paranoid, but better safe than sorry.

 

My questions:

1) If I simply don't turn up at work next year, will I have broken the terms of my employment?

2) If the manager dismisses me with allegations, would I be able to claim unemployment benefits and

3) is there anything I could do to refute his claims?

 

Thanks

1) yes

2) yes

3) i doubt he will make any claims. It will be a case of your contract ending or another contract period offered. Urgent review of your position might just be to decide on whether to offer a new contract period which might be subject to different terms or to part ways. Your current contract runs out at the end of the year, so you would not be on a rota for next year, unless your contract was extended before the current period ran out.

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To back up any of your claims, you are going to need the assistance of your fellow workers whose trust you say you have lost.

 

You should now until you leave keep your mobile in your shirt pocket on record and get proof that you are being discriminated against.

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if you wanted a get out without impacting on benefits

 

you could ask your boss for a letter releasing you from your contract. He could put "Failed to pass probation" as a reason. Should protect your benefit entitlement

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Your contracts states it ends on 31st December therefore if you don't want to go back after that date you don't have to

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To back up any of your claims, you are going to need the assistance of your fellow workers whose trust you say you have lost.

 

No I never had their trust, I was never part of the herd. Now they're openly hostile as I said I covered for their mistakes.

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Your contracts states it ends on 31st December therefore if you don't want to go back after that date you don't have to

That's what I thought, but see Unclebulgaria's post above.

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If your contract states an end date of 31st December then that is your last day at work under that contract. If they wish to extend it you would need to agree.

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Why would that be a breach of my contact?

 

I had a feeling that your contract states something about not just ending your employment on 31st December by not turning up on first working day in January, unless this agreed between the two parties. If there has been previous talk of extending the contract period, it is possible DWP might make enquiries with this employer and they might say that you were going to be offered continued employment, which may lead to DWP stopping benefits.

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Ell-enn is, of course, correct.

 

Contractually, without an express agreement to extend, your contract terminates on 31 December and you would have to agree to an extension. Therefore, you are not obliged to turn up on or after 1 January.

 

I would try and cap things off with a brief letter thanking them for the job, and confirming that as there has been no extension, you won't be working after 31 December. Hopefully that will serve to avoid any dispute in the future.

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I had a feeling that your contract states something about not just ending your employment on 31st December by not turning up on first working day in January, unless this agreed between the two parties. If there has been previous talk of extending the contract period, it is possible DWP might make enquiries with this employer and they might say that you were going to be offered continued employment, which may lead to DWP stopping benefits.

 

My contract reads: "Employment will end on or before 31.12.2015".

 

However on a second thought, the fact that I am invited to a meeting for next year might implicitly mean that the contract is not considered terminated. You are right in thinking that the DWP might use this as an evidence of me getting voluntarily unemployed if I don't attend.

 

I just think it is silly for the company to set a meeting outside the scope of the contract, but knowing how thick they are, nothing really surprise me.

"Ask not what your country can do for you, ask what you can do for Poundland"

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My contract reads: "Employment will end on or before 31.12.2015".

 

However on a second thought, the fact that I am invited to a meeting for next year might implicitly mean that the contract is not considered terminated. You are right in thinking that the DWP might use this as an evidence of me getting voluntarily unemployed if I don't attend.

 

I just think it is silly for the company to set a meeting outside the scope of the contract, but knowing how thick they are, nothing really surprise me.

 

They are correct that your contract ends unless an extension is agreed. If you can't get a yes or no to contract extension in writing before the end of the year, why would you turn up in the new year, without any idea whether you will get paid. DWP should be OK if they see a copy of the contract with the end date, but you woukd be stitched up if this employer tells DWP that a new contract was verbally offered.

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  • 4 weeks later...

I have asked to speak to my head of payroll. She said that, under the current employment laws, if a temporary contract expires, the contract automatically converts into a one-month rolling contract and both parties must give each other 1 month notice for termination.

 

I think what she said is bull####, but I would be glad to have your opinion.

"Ask not what your country can do for you, ask what you can do for Poundland"

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I have asked to speak to my head of payroll. She said that, under the current employment laws, if a temporary contract expires, the contract automatically converts into a one-month rolling contract and both parties must give each other 1 month notice for termination.

 

I think what she said is bull####, but I would be glad to have your opinion.

 

Pretty sure thats rubbish.

 

If Contract expires, it expires, its upto the parties to negotiate an extension, a one month rolling contract could be legitimate IF agree, but months notice would be a bit silly, because contract would always end before notice was of any use, if nothing agreed, Id give a weeks notice maybe.

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I have asked to speak to my head of payroll. She said that, under the current employment laws, if a temporary contract expires, the contract automatically converts into a one-month rolling contract and both parties must give each other 1 month notice for termination.

 

I think what she said is bull####, but I would be glad to have your opinion.

 

I think she's confusing it with a tenancy/rental agreement..... ask for a new contract or for her to show you where it is documented in your old one.

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