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Employment rights after one year?

(8 Posts)
Nappyzoneisabeetrootrunner Mon 01-Jun-09 10:54:26

My job sharer was employed on a temp contract well over a year ago and has just been told her (our) job is going out to advert btu full time so its looking like curtains for her and me at that post. I am not so worried as i am permanent and have been temp transfered elsewhere anywhere though clearly not going back by looks of it? I know i have rights as a permo emplyee but what would hers be - she seems to think none but it hought after 12 months she did.... Its all a bit crapola...

Nappyzoneisabeetrootrunner Mon 01-Jun-09 10:55:11

no dont worry im not a typist lol!

SouthMum Mon 01-Jun-09 11:11:28

As a temp she doesn't get any rights in this situation (I believe....)

Nappyzoneisabeetrootrunner Mon 01-Jun-09 11:28:48

hmmm nto from a temping agency or anythin but employed by employer on temp basis which has gone on and on..... bummer

RibenaBerry Mon 01-Jun-09 15:49:09

She is employed by your employer on a temp contract rather than through an agency?

If so, after 12 months' continuous employment, she has the same rights as any permanent employee when it comes to dismissal - i.e. unfair dismissal rights. However, if the position was always temporary, it might just be a bit easier to justify redundancy.

I also don't understand why the job is being changed from a job share to a full time post? There may be issues of discrimination against a part timer.

Sorry, v busy now, but will try and post more later.

Nappyzoneisabeetrootrunner Mon 01-Jun-09 18:36:01

yes thats right ribean - was always temp to cover maternity but then the mat never returned and resigned then the temp contract has never been renewed as such but kept on running. Yes i wondered about becomming ft as seems my transfer looks to be a permanent one!

RibenaBerry Mon 01-Jun-09 18:56:41

Right, sounds to me like you and the 'temp' have the same rights - if you've both been there at least a year then labelling her a temp doesn't change anything in that respect.

I think you need to seriously look into why this change to your post is happening (assuming you aren't happy with your move). There would need to be a really good business reason to suddenly change a job share back to requiring a single person full time (it's hard to think of examples, but maybe where continuity was vital and there was so much information it was impossible to hand back and forth). It's hard to tell without all the background, but your job sharer may have a case for unfair dismissal and discrimination. You may have a case for discrimination if you are detrimentally affected by the change but aren't dismissed. I would strongly advise speaking to the CAB, ACAS or a lawyer (some do free first calls). If you have a union, so much the better...

HTH.

Nappyzoneisabeetrootrunner Mon 01-Jun-09 19:42:46

thanks ribena. There is no hand over at all its a pretty front line job with v little paperwork involved to handover though granted my hrs are a pita to them but hey they agreed em when they appointed me - we just work opposite ends of week . Will advise my temp buddy to get in touch with those mentioned and watch my own back v closely! thanks smile

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