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Been told go full time or you have no job, fixed 6 month contract but been there 18mths with no renewal - rights?

(14 Posts)
daisie4 Wed 19-Sep-12 01:05:48

We have a new manager who has told me today that I either go full time or won't have a job as they'll replace me with a full timer. Added to this I'm not sure I have a contract, I was given a 6 month fixed term contract with one weeks notice from either party, but am still there 18 months later.
Do I have any rights? A process they should follow? I'm a bit stunned to be honest.

NellyJob Wed 19-Sep-12 01:11:03

it makes me so cross, this kind of thing. that I had a google on this....

NellyJob Wed 19-Sep-12 01:12:17

it seems that this could constitute indirect sex discrimination...

HesAwayAgain Wed 19-Sep-12 01:23:30

You do have a contract, just not written. As you have been there more than a year, you could potentially claim unfair dismissal or bring a discrimination claim (if you have grounds). Basically, you should see an employment solicitor, many give a free half hour. CAB may be able to help you too. If you have a union or legal cover on your home insurance, you may be able to use these to get advice. Important to act quickly so don't delay in getting advice.

daisie4 Wed 19-Sep-12 01:28:26

Thanks so much for such quick responses - I thought everyone would be asleep! There's no union, and no process has been followed - I've seen them just bully other people out. The trouble is it will be uncomfortable if I force them to keep me, and if I take legal action it might stop me getting another job. I'm really not sure what to do.

HesAwayAgain Sun 23-Sep-12 00:35:25

Why would it stop you getting another job? That would be victimisation, also illegal, even in recruitment ;-). You don't necessarily have to take action, just find out what your rights are, often stops bullies. If they make your life too uncomfortable then you can leave and claim constructive unfair dismissal because of their repudiatory breach of the implied term of trust and confidence 'cos they're not allowed to. This is why you should get proper legal advice rather than go by your gut feeling or what bods on mumsnet say.

However, practically speaking, while taking appropriate legal action, you might be wise to start looking for something else too, as you may well find this happier in the long run.

HappySunflower Sun 23-Sep-12 00:51:58

They simply cannot do that and frankly are having a laugh!
Call ACAS- they will advise on the contract issue.

Aside from that, I would ask for further information in writing and then see what they come up with, but they can't force you to go full time.

HesAwayAgain Sun 23-Sep-12 10:49:17

It's unlikely they can do it, but is possible with a variable hours contract, and there are fair/reasonable arguments that might come into play, hence why specific tuned advice is needed. ACAS is great suggestion.

Xenia Sun 23-Sep-12 15:41:53

When did you start? There is a new rule that you must be employed for 2 years to claim unfair dismissal (not one year) unless there is sex discrimination, although it depends when you started.

It would certainly be worth obtaining some employment law advice

HesAwayAgain Sun 23-Sep-12 22:47:16

Quote from (CAB's website) "Generally, to claim unfair dismissal, you have to have worked for your employer for at least one year if you started working for your employer before 6 April 2012 or two years if you started on or after 6 April 2012."

OP has been there for 18 months, so qualifying time should be one year.

(I didn't realise this had come in, thought it was just a proposal, thanks for alerting me to that Xenia).

daisie4 Tue 25-Sep-12 18:30:10

Thanks for all your advice. I printed off something showing it broke employment law and went to our HR department. They've just called me and told me that my manager said I misinterpreted what she said, and that she didn't mean I had to go full time or leave. She's lying, there is no way I misinterpreted, she went on to say she may be able to give me a bit of freelance and she felt bad as it was my job... What do I do now?

Xenia Tue 25-Sep-12 19:47:08

May be able to give you a bit freelance? What are they going on about?

it sounds HR are saying they cannot forc eyou to change your hours.
Just carry on working very hard and being very good.

Presumably they are taking off tax under PAYE (you are an employee)?

(hes , yes it was almost sneaked in - although I remember the days when it was always 2 years of service needed and then we moved to 1 and now back to 2)

daisie4 Tue 25-Sep-12 20:00:46

Sorry that last message sounds a bit garbled. I was recalling the original conversation where my manager said either go full time or leave. My manager has told HR that I misunderstood the conversation, but I didn't (in the same conversation she said if I chose the going route she may be able to give me a bit of freelance work), and now it seems its my word against hers.
I'd asked for clarification from the director who's the next one up the chain and she didn't deny it either, just gave me some waffle about the need to restructure - and now she's saying I've misread that email.
I feel like I'm being to made to look like a liar - I guess they've backed down now they know it's against employment law.

daisie4 Tue 25-Sep-12 20:02:35

Sorry, forgot to add I am an employee and it wasn't HR that said about freelance and feeling bad about it being my job -- that was my manager in the original conversation.

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