Dispute with management over contract

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lozzyhickers
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Dispute with management over contract

Post by lozzyhickers » Mon Feb 13, 2017 5:58 pm

Hi all,

Having a right stress time today. My line manager and I were told today, after being approved for some funding, that they are going to withdraw approval, for no good reason. This means we would need to stop working before our contracts end. We're on fixed term contracts, and by the end of my contract I would have been working for over 2 years in the same position, making me eligible for redundancy. Not this is going to all be unravelled. The person who informed us made a mistake somewhere along the line, and now they're trying to blame anyone else they can find, and penalising us. Our contracts specify we need 3 months written notice before they can terminate employment, but this person is saying a law came info force saying they only need to give us 1 month! I can't find anything about this anywhere online, but even then my contract is less than 2 years old and says 3 months. It also says that any changes to the contract should come with 1 month written notice.

Does anyone know where I stand here? :cry:

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ell
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Re: Dispute with management over contract

Post by ell » Mon Feb 13, 2017 9:07 pm

Ask which law they are talking about?

But generally, not a clue. Sounds very difficult. I would think your best bet would be either a union or some kind of employment lawyer type. I'm not sure people here will be able to give the right kind of informed advice (though I'm happy to stand corrected if someone pops up with some knowledge).

Alex
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Re: Dispute with management over contract

Post by Alex » Mon Feb 13, 2017 9:10 pm

Do you belong to a union? You can get legal advice and representative. You really need professional help.

Layman perspective- after over a year - two years I thought you they had to either offer you redundancy or a position in the company with a similar role. I also assume that they are legally bound to honour contract notice. I would ask them to put that statement in writing to it can be referred to later and shown to a employment lawyer.

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baa
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Re: Dispute with management over contract

Post by baa » Wed Feb 15, 2017 4:11 pm

ACAS might be able to help.
At least I'm not as mad as that one!

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BlueCat
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Re: Dispute with management over contract

Post by BlueCat » Wed Feb 15, 2017 5:58 pm

Wow that sounds like a horrible situation to be in. Temporary contracts are horrible. I'm on one too! I don't know the ins and outs and I'm not a legal person, I'm a Psychologist... But, and this probably isn't what you want ro hear.....any changes to the contract with one months notice....changing the end date of the contract is a change? Might that be how they are pitching it? Speak to your union and see what they say.
There's no such thing as bad weather, just the wrong clothes. Billy Connolly.

alexh
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Re: Dispute with management over contract

Post by alexh » Wed Feb 15, 2017 11:09 pm

It is very common for trusts to ensure contractors leave before the two year period elapses because of the rights they gain at this point.

Sloppy in HR terms to give a contract that would take a contractor over two years. If you're at 21 months plus then they're possibly in a panic and frantically trying to find a way out of the mess they have made. Would they possibly even make up imaginary laws to suit their view?! I would've guessed laws set minimum standard terms for notice and so on, rather than overriding any better terms which have been contractually agreed by the parties. They are surely to prevent the weaker party being induced to accept unconscionable terms, not to prevent them negotiating good terms.

If you are at less than 21 months surely they will simply give notice, regardless of any previous indications and how unfair that may seem.
From another perspective, the contract rate ought to be set to compensate for the lack of redundancy pay and other rights, and therefore be higher than an employee doing the same work, in a sense factoring in the value over the contract length.

It really sounds like you would benefit from speaking to a lawyer. Take note of what has happened so far and request written confirmation of what they propose to do now. Good luck.

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maven
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Re: Dispute with management over contract

Post by maven » Thu Feb 16, 2017 4:40 am

You can't change the notice period on a contract without both parties agreeing a new contract. Plus, to make an employee redundant, even from a temporary contract requires a proper consultation, and that normally gives extra time on top of the required notice in which they have to look at redeploying you within the organisation. So definitely one to get legal advice about.

Your redundancy rights and pay will still be quite rubbish even after the 2 year mark in a private organisation (a week of pay per completed year, capped at a reduced level unless it says otherwise in your contract) but they have to follow the proper process or you can make a claim against them. So document everything, keep printed or forwarded copies of emails so they are not just on your work account, and get advice from ACAS, CAB, the legal advice line or a union.
Maven.

Wise men talk because they have something to say, fools because they have to say something - Plato
The fool thinks himself to be wise, but the wise man knows himself to be a fool - Shakespeare

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BlueCat
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Re: Dispute with management over contract

Post by BlueCat » Thu Feb 16, 2017 9:33 pm

There's no such thing as bad weather, just the wrong clothes. Billy Connolly.

Lori
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Re: Dispute with management over contract

Post by Lori » Thu Apr 27, 2017 11:07 am

Hi all,


I find myself in a bit of a pickle with my temporary contract too. I started a role in Nov 16 for 6 months initially. I was told by supervisor 2 months into my role that my contract was going to be extended for a further 6 months (GREAT!). However, I have recently found out that my contract has never formally been changed through HR and my initial contract is due to end next week. I talked to my supervisor about this who informed the service manager who initially agreed to extend my contract. After their meeting, I have been informed that my contract is going to be extended only for 3 months! Thus, a change from the 6 months initially promised with no good reason. I am now in a tricky situation as I don't have anything in writing. On top of this, my supervisor is leaving the role. As such, I have also been asked to think of a working plan to 'reconfigure my role in line with BPS guidelines' but also with minimal supervision (one hour a week). Thus, the problem is two fold: I need to discuss the contract issue but also I need to be realistic about what I can offer at my level. The issue with reconfiguring my role in line with the guidelines is also that I cannot find the last official BPS guidelines. Would anyone be able to send me these guidelines and provide some tips on how to manage this situation?

Many thanks in advance.

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Geishawife
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Re: Dispute with management over contract

Post by Geishawife » Thu Apr 27, 2017 1:57 pm

Lori wrote:I cannot find the last official BPS guidelines. Would anyone be able to send me these guidelines and provide some tips on how to manage this situation?
What role are you in? Is it an AP post? We need to know which guidelines you are looking for.

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