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FUMING AND FLABBERGASTED about what I've heard from former colleague ... she's in a bind and I'd appreciate your input here... (sorry longish)

9 replies

MrsBigD · 24/02/2006 09:55

O.k. where to start...
Prelude:
some might remember that I was ousted from my previous job on the last day of my probabtion without prior warning. The reason I was back on probation was that I had originally resigned because they couldn't pay me enough to afford childcare. Then they came back saying they could pay me what I required but I'd have a new contract as I had resigned with new probation period of 6 months. I though fair enough as I wasn't worried. However, 3 months being back we got a new boss. Had one or 2 issues with her but thought they had been resolved... so rather surprised when I got called in on the last day of my probation to be told family commitments clash with work commitments, differences in work practice, lack of respect (I dared contractict her on the odd occasion, how dare I!) yadiyadiyada and bye. Personally I think it's because I cottoned on that new boss isn't management material and also she hated the previous boss who I got on with great with a passion and also because I am very close friends with another staff member - gotta break ranks don't we.

Main issue:
Anyhow... as I'm still in very close contact with my friend and she told me that one of our other colleagues (also female) approached her yesterday because she had had a meeting with boss. With the words, 'your first year here is coming to an end' she was handed an addition to a contract that would downgrade her to assistant as opposed to consultant and she either can sign it or be let go! God knows where that 1 year thing comes from as our standard contracts all have 6 months probation which she passed. Surely if they had issues with her work they should have given her a warning and said pull yourself together and you have e.g. 1 month to improve or we might have to consider maybe a downgrade. But she was never given a warning! Also boss was going on about her not getting the turnover. 1) there is no stipulation how much she needs to sell 2) she does not look after high value merchandise but low end stuff so getting high amounts of turnover is a bit hard! Also the odd occassion where she would have had the opportunity to sell a high value item the assistant manager stepped in and took the client off her. That's what she told boss and boss said well he shouldn't have done that. But I'm sure he won't get a slap on the wrist for that.
Oh and the best part... they gave her 1 day to decide!

Am I mistaken or is this a simple bully attempt? Surely this can't be proper! I am waiting for her to call me to speak about it but my first inclin would be to say ... don't you sign anything! And get legal impartial advise.

Also the pattern that seems to emerge is that boss tries to get rid of all the people who exboss employed... so my close friend is probably next.

Any thoughts on this.

Hope it makes sense. I'm fuming on her behalf.

OP posts:
MrsBigD · 24/02/2006 10:19

any employment legal eagels on here?

OP posts:
slug · 24/02/2006 10:34

I'm sure that once your probationary period is over you can't have the terms of your contract changed without mutual consent. I would check with Human Resources, as I can't imagine they can do that to you without written warnings. If in doubt utter the magic words 'grevience proceedure', 'bullying', 'harassment'.

Don't sign. Document everything, join a union, contact CAB.

MrsBigD · 24/02/2006 10:35

that was more or less what I was going to say to her

just wanted to make sure I'm not barking up the wrong tree.

As for contacting HR... well they're abroard and the alledgedly issued the letter and it is them who want to get rid of her. However, I'm 99.9% sure they wouldn't have issued the letter if boss hadn't winged and moaned at them.

OP posts:
slug · 24/02/2006 10:43

The thing is, you can't go to an employment tribunal without having gone through your company's grevience proceedure first.

I've suffered with a workplace bully for the last 5 years and have learnt from bitter, bitter experience that documentation is the key to everything. Act now rather than letting the behaviour become the norm. Don't get into the situation I am in now where the entire department has taken out a grevience against the bully and a third are off on long term sick with stress as a consequence.

MrsBigD · 24/02/2006 10:58

slug for you... the entire department!? Is the bully the boss?

OP posts:
slug · 24/02/2006 13:35

Nope, the second in command. Not strictly our boss but likes to think he is. Bullies our boss as well which makes it all so very difficult.

IME Human Resource departments react swiftly when accusations of bullying are raised. It does the company a lot of damage to have that sort of reputation.

RedZuleika · 24/02/2006 13:43

As far as I'm aware, you can't claim unfair dismissal without a full year of employment. So - you have very few legal rights, regardless of the probationary period. Extremely annoying, I know.

MrsBigD · 24/02/2006 14:35

Redzuleika - so maybe that's why they're trying to 'force' her before the year is out!

OP posts:
hovely · 26/02/2006 17:14

if it's a personality issue or if this kind of treatment disproportionately affects female members of staff (eg you with your family commitments) then it could be sex discrimination. No need for a minimum period then. She would need expert advice and there is a time limit of 3 months to act. get her to contact union/law centre/advice bureau asap.

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