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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

To think I could get the sack?

55 replies

nCemplument · 02/02/2023 21:17

NC as sensitive

I do a job in a licensed field and I have not been fully granted permissions. It's a role I moved into with my employer from a different role in the company which I was authorised to do.

Now I may lose my license (due to failing some tests) in which case I'd want to go back to my old role but I'm worried it's no longer available as they've just recruited.

In which case would they have to put me back into the old department? I didn't sign a contract in the new one and I'm still under the old contract.

I'm also now off sick, which I'm worried will add to things. Does anyone know is it possible I could lose my job?

OP posts:
Original poster
nCemplument · 02/02/2023 22:12

@Alexandernevermind yes it's similar to accounting but they never put me in the role unqualified - that's what they have to do it's the process to work as almost like a junior doctor would - they can't go alone until boxes are ticked so the employer hasn't done anything wrong putting me in the role

OP posts:
Original poster
nCemplument · 02/02/2023 22:15

Also I can't help being sick! But legally I can get sacked for sickness I assume?

OP posts:
Inyournightgarden · 02/02/2023 22:19

nCemplument · 02/02/2023 22:15

Also I can't help being sick! But legally I can get sacked for sickness I assume?

Yes you absolutely can be sacked over sickness, but your employer has to follow the process to the letter

Nightlystroll · 02/02/2023 22:20

I worked at a college for 13 years and never signed a contract. It didn't make any difference to being bound by it, for me or for the college.

Neededanewuserhandle · 02/02/2023 22:21

If you are asking if it would be legal to sack you or not - that depends on a few things like length of service and what's in your contract.
I would imagine public sector organisations may take a more risk averse approach so that may play in your favour - but if they can't/won't fire you, they will have to find something for you to do for at least 6 months.

CC4712 · 02/02/2023 22:22

If you don't have a union, speak to ACAS.

You might feel more comfortable telling them the details of your work and what you mean by failing exams, licensed field and not being full granted permissions??? Sorry, but your replies have shed absolutely no light on what you are supposed to do, the sector, job role nor how on earth anyone can help or advise you???🤔

Neededanewuserhandle · 02/02/2023 22:23

Your Union's legal folk can help you here.

Doyoumind · 02/02/2023 22:23

There must be a process for this as it must have happened previously from what you've said. You can't be the only person ever to have been put in the role and failed the tests.

Original poster
nCemplument · 02/02/2023 22:23

It's a small company there's no union ir HR department it's outsourced

OP posts:
Original poster
nCemplument · 02/02/2023 22:24

@Doyoumind I am the first everyone else started already qualified or passed them

OP posts:
Doyoumind · 02/02/2023 22:25

Did they give you any support to pass? Was there no discussion at all around the potential of you failing?

Whippetlovely · 02/02/2023 22:27

When I changed roles in a company I was given a letter from HR which stated the hours job title and salary and all other aspects of the contract are the same (leave and sickness ect) both copies of the letter were signed by me and them. You must have signed something if you changed roles. It seems odd you changed roles subject to passing tests why wouldn’t they need you to be signed off and passed the tests before giving you the role? If this is normal they would know there is a chance of you failing the tests so must have a plan for that scenario and should have warned you what would happen if that were to be the case. Speak to your HR tomorrow

NeedAHoliday2021 · 02/02/2023 22:28

Contract is a bit of a red herring as you’ve been doing another job so by turning up you’ve demonstrated you agree to the terms and conditions. You’re best having an honest conversation with your manager. Can you retake the tests?

GlassBunion · 02/02/2023 22:29

Speak to ACAS maybe?

SleepingisanArt · 02/02/2023 22:29

Can't you be supervised for another 6 months until you pass the exams? If you think you will not be able to pass then you need to speak to your manager now to discuss the options.

Clarinet1 · 02/02/2023 22:29

I think that your being off sick is irrelevant or could even work in your favour since you could argue that you would not be able to undertake your old role either. Also, what were the reasons for moving you to the new role when you were in the old one successfully?

Original poster
nCemplument · 02/02/2023 22:31

I moved just for a change

OP posts:
Original poster
nCemplument · 02/02/2023 22:31

I am not allowed to do the role

OP posts:
Original poster
nCemplument · 02/02/2023 22:32

@Despairingof I've had support

OP posts:
NumberTheory · 02/02/2023 22:35

You really need to talk to an employment lawyer who can look at the contract you did sign and any communications between you and the company regarding the new position.

I think they can't just sack you unless passing the test was a condition of your employment in the role. Not having signed a contract doesn't mean you aren't bound by one. But a condition like having to pass the test would have to have been made clear to you before you took the role.

I also don't think they would have to put you back in the previous role. They may be able to put you in any suitable role. Or possibly make you redundant if they have no suitable role and follow the law on reducing redundancy.

You really need to talk to a qualified specialist whom you feel able to give all the details to.

Puzzledandpissedoff · 02/02/2023 22:38

it's the second time I've been through the process due to previous I'll health

Could you clarify this - do you mean the test has already been delayed or failed before?

It's hard to advise with so little detail, but asking your manager about suitable next steps might be worthwhile; in any case it's got to be better than just sitting worrying about it

YourGazeHitsTheSideOfMyFace · 02/02/2023 22:42

Are you a member of a professional association? They might be able to help if this is very specific to your field.

NumberTheory · 02/02/2023 22:46

nCemplument · 02/02/2023 22:11

@Wonnle I didn't know this when I sat them. It is a legal question guess I'm asking - I don't want to ask my employer as not really appropriate is it

It is totally appropriate to ask your employer. It should be your first port for something like this.

Are you scared f you ask it will give them the idea to sack you or something? Because you really don't have to frame it that way.

Redburnett · 02/02/2023 22:53

I would think it quite likely that your employer may move to terminate your post, given your attendance record, and failing the tests twice (if I have understood correctly). Check if there are any relevant policies in place so that you know what the process will be. Unless you can come up with a convincing argument for moving you back to your previous position (more work in that area? any opportunity to develop new business?) it might be wise to look for another job.

UpCloseAndPersonalWithGlenda · 02/02/2023 23:03

Is it a chlamydia test?