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Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Knowledgable employment law folk this way..

13 replies

Bearnecessity · 04/09/2020 19:03

So I was on a fixed term contract that ended end of Aug I'd been there. 17 myths with added 6weeks thrum agency. .The place I worked had huge management issues that resulted in LEA warning, investigations etc etc new lead team brought in my dept a team of 5 found to have incomplete essential work. This down to a colleague who failed to do the work or tell anyone she hadn't done it or ask for help or anything. The manager of us didn't check her work or know this work not done either.None of this anything to do with me. Now I have been let go the colleague responsible still I need post and the manager managed out on capability.It now looks like I was the guilty party when I wasn't, I have lost my job and they cited budget reasons.Do I really have nothing I can do, it is so unjust and makes me look bad in front of whole work community...I am very angry....

OP posts:
Bearnecessity · 04/09/2020 19:05

Still in post....sorry for the typos iPad getting old...

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ChicCroissant · 04/09/2020 19:07

But you were not the only one to leave - the manager responsible left as well, and you were at the end of your fixed-term contract. Why do you think it makes you look responsible for the errors?

Bearnecessity · 04/09/2020 19:48

Because the person responsible did not leave.

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RedHelenB · 05/09/2020 06:45

Were they on a fixed term contract too?

NewMumOrpington · 05/09/2020 06:53

This does sound very unfair!

Having said that, if you're on a fixed term contract then the employer can let you go at the end of it. There doesn't have to be a particular reason.

If you haven't already, then speak to the old employer and make sure they'll give you a good reference. If you work in a community where other employers will know about the problems at your old employer then ask them to include in the reference that the problems weren't anything to do with you. They have no legal obligation to do this (or give any reference in fact), but hopefully they will. Then it won't affect your future chances.

Also speak to your trade union if you have one. They might be able to suggest other ways forward.

Very best of luck!

ivfbeenbusy · 05/09/2020 07:02

I don't think there is much that can be done - you came to the end of the fixed term contract that's it. Presumably the employee which made the mistakes was a full time employee which is obviously more difficult for them to get rid of and she might have argued she didn't get the support she needed to do the job, ultimately she can claim vicarious liability ie ultimately her employer is responsible for her actions/inactions. At the end of the day her boss was responsible for her

prh47bridge · 05/09/2020 09:16

Your contract came to an end. They are not under any obligation to renew. You haven't worked there two years and, from the information you have posted, it doesn't sound like you've been dismissed for a reason that is automatically unfair (e.g. whistleblowing) so you can't claim for unfair dismissal. It also doesn't sound like you have a claim for discrimination.

You would need to consult a lawyer who specialises in employment law to be sure but, on the information you have posted, it doesn't sound like there are any legal avenues available to you.

Bearnecessity · 05/09/2020 10:03

Hmm yes I understand about the end of the fixed term contract I know I will just have to suck it up but I do feel it is not right and is unjust and portrays me in a poor light when I did nothing wrong. Thank you NewMum...you seem to understand a little of why I feel this way...

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Florencex · 05/09/2020 10:12

From what you have said, it does not remotely sound like you were terminated for mistakes. It sounds like you left because your contract ended.

ChicCroissant · 05/09/2020 15:28

But the manager was subject to capability/performance management procedures according to you - surely that's holding them responsible?

We can only go on what you've said here but in no way have the company held you responsible. Your contract ended after an extension so clearly no problems with your work, you didn't lose your job. You've got a very fixed view on the situation which doesn't match what you've told us on here. I think your view might be affected by not liking the colleague that remains in post - but it's the manager's job to keep an eye on things, they didn't and they paid the price. The manager has been held responsible.

Bearnecessity · 05/09/2020 15:34

And it is entirely fair that two people lose their jobs while the person who failed keeps theirs.

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Idontgiveagriffindamn · 05/09/2020 17:22

But you didn’t lose your job in that sense. Your fixed term contract ended and wasn’t renewed. Budget reasons is entirely likely.
It seems you wanted the person responsible to have lost their job so there would be the budget to keep yours.
I’m sorry your contract wasn’t renewed but it sounds separate to the other issues

ChicCroissant · 06/09/2020 22:16

The manager failed in this instance OP - I know that's not what you want to hear but you said yourself in your first post that the organisation had huge management issues which brought a warning from the LEA.

The manager should have overseen/checked the work and didn't, hence the performance management which meant that she left.

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