Breach of Employment Contract during probation period

[jamielondon]

Can anyone advise me how I should approach my ex employer on the grounds of Breach of Contract and how much detail I should write at this stage.
My contract was for Assistant Manager reporting to the Manager and on 6months probation. However the Mgr did not take up the position and I was asked to cover and see how I got on. (I was not considered experienced enough to get the Mgrs job in the first instance.) I did both the Mgr and Assist Mgr job for 4months and was praised for my efforts and when the store had its first of only two targets ( a month ago) I was the only person who hit my sales target. Last week and out of the blue I had a visit from HR and the Area Manager and I was told that I was not leading in the right direction, not hitting targets and was to be dismissed there and then with paid notice in my probationary period. I was not allowed to revert back to my contracted position.( No prior warning, no previous concerns, no training just praise.) I understand that I cannot go for Unfair dismissal etc but ACAS has advised that I can go for Breach of Contract in that I was not being paid for the job that I was doing. My concerns also are had there of been a Mgr in place I may not have been terminated so Iit is most unfair given that I was helping the company out. I have nothing in writing re the Manager cover but it was well known and also have never been given a job spec for it! On a seperate issue I also believe that I have been the victim of one of the Protected characteristics.
Any advice on the matter would be most welcome...Thanks in advance!

When I was an assistant manager part of my contract said that I would be running the store when a manager wasn't available (can't remember the exact wording) but I would have assumed that would be pretty standard?I'd check your contract for that.

The targets comment would presumably be because your team weren't hitting their targets; as the manager/assistant manager that is your responsibility.

How do you feel you were a victim re protected characteristics? I would have thought you would be more likely to be able to make a case based on that?

I'm not sure ACAS have given you good advice here, which is not that shocking unfortunately.

If you did not receive a written contract amendment confirming a new salary for the manager cover job, what aspect of your contract do you feel was breached? What financial loss did you incur as a result of that breach?

What do you mean about a victim of protected characteristic? Do you mean this decision was made because of your gender/ethnicity/similar?

Thanks Rockchick and Flowery for your replies. The protected characteristic part is more straightforward however when I spoke to ACAS they said it was also a Breach Of Contract and they should both be dealt with separately in my letter to my ex-employer. ACAS said that the BOC was based on the fact that I had only been paid for the AM position, not the Manager position which is the position I actually covered and what I should claim the difference on. Her other point was had there of been a Manager above me and the team sales were the same then it may have be the Manager who was terminated first and I may or may not have lasted longer. The point being that I never got the chance to prove myself solely in the job I was contracted to do.
Yes I agree that as AM it is no doubt in my job description thatI would also cover for the Manager at times, but there was no Manager from the very start.
I am now confused as what to do!

Jamie - I agree with flowery. You agreed to do the job on those terms. Unless you got something in writing that says "we Wil pay you x for covering for the manager" and they paid you less than x, then you don't have a claim. I don't know on what basis ACAS have advised that you have.

If you believe you have a claim for discrimination due to a protected characteristic, you need to evidence that something "odd" has happened and then the company has to prove it wasn't unlawful discrimination. There's not enough nfkrmation n your OP to establish whether you can demonstrate that the dismissal was out of the ordinary.

Taking an employer to ET is a long and stressful process. Unless you are confident you have a strong case, the best advice I can give you is to move on and find a company that you can succeed in.

Thanks Hermioneweasley for your reply. I told ACAS what my contract said and she said that the BOC was difference between the amount I signed for as AM, position versus what the job I did as the Manager, would have been paid.
ACAS said contracturally I was subjected to detriment and loss.....I wish I had never taken the damned job and the shame of it I really enjoyed it!

ACAS's advice is poor.

You suffered no loss as you were paid according to your contract. You were asked to fulfil different duties but were not promised a pay increase in line with that so cannot say you have lost x amount. You could have refused to take on the additional responsibilities. You are not contractually entitled to a chance to perform x duties, so the fact that you didn't get one again isn't a basis for legal action. This early in your employment your employer can terminate without even giving a reason at all.

If ACAS are saying you should really sue your ex employer for money you were not contractually entitled to it on the basis that you should have been entitled to it that's really bad advice tbh.

The protected characteristic stuff, is it ACAS again who have said it's straightforward? I would urge you to tell us what that's about as well if you can.

Random thought...is it a BOC if the Employer did not give me a temporary contract for the job they asked me to cover, and that I actually did?

What do you mean "if"? I thought you'd already said they didn't give you anything in writing?

If they didn't give you something in writing saying "if you cover this position we will pay you this much", then you can't claim breach of contract.

You have no contractual entitlement to a higher salary, so no contract has been breached by them not paying you more. Your personal view that they ought to have paid you more isn't enough.

What's the protected characteristic stuff about?

Sorry Flowery your earlier answer came through after my last post. No they didn't give me a temporary contract to cover as Manager, I was just wondering if that was where ACAS were coming from with their advice. I am most concerned at the bad advice that I appear to have been given today. In retrospect I should not have taken on the Manager role without anything in writing or at least being compensated at the time....a hard lesson learnt!
The pc issue is something that was specific and odd against me but I am not sure that I have the fight in me to pursuit long term, I think it may be best for me to just move on.
I wish I had just posted on here first for advice and thank you and Hermione very much for your response :)

Agree with flowery. Nothing you have said points to a breach of contract. There is no requirement for an employer to give you a temporary contract for a job they ask you to cover, nor is it a breach of contract if they fail to do so. The advice from ACAS is ridiculous. You are not entitled to the money they would have paid a manager to do the job. The contract was that your employer agreed to pay you a certain amount in return for which you agreed to do the Assistant Manager job and cover for the Manager. That contract has not been breached.

Please tell us about the protected characteristic you believe has been breached. If you want to go down this route you would have to prove that your dismissal was because of your gender/ethnicity or whatever and not because you and your team were missing targets.