Told to not come back!!

hafe4k

Sorry ppl, but incase its missed .... bump ....

taliesin

I've been following your thread, but I was hoping someone with ET experience would respond. In my view, you have reached the point at which you should prepare your complaint for the ET. I can't think of anything more you can usefully do with the employer. It looks like the management has stuck its collective head in the sand and is hoping you will just go away. Yet another bad move on their part, demonstrating that they don't understand their obligations as employers.

Do take great care as you draw up the document for the ET - review the materials in other threads (especially jobbingmusician's) and use those as a template. Make a start on your own and then get advice from the CAB, or put an anonymised version here for comment. Be clear and succinct; use everyday language; avoid going into detail about things that aren't directly relevant to the complaint.

jobbingmusician

Sorry, I had read this and then forgot to respond. I was going to say 'demonstrate what a wonderful reasonable employee you are by giving them a few more days' but if they haven't responded by Monday, yes, I think it is time to raise an ET.

You can do this online at http://www.employmenttribunals.gov.uk/FormsGuidance/formsGuidance.htm

Please note that the new rules are news to me - sorry but I don't have time to review them today but will try to have a look next week. I do think this is a very simple case where you have right 100% on your side, though, so I will make the same offer to you as I did to mosdee - if you want to PM me I am happy to review your paperwork before you submit it.

(Just to reiterate, I am not a lawyer, just a senior mgr who has been on both sides of ETs, defended successfully, and won the one I brought against my employer)

hafe4k

Thanks alot guyz.

@jobbingmusician, will defiantly, PM to review it. Thanks once again.

hafe4k

My sister just received a letter from her nursery today, dated 16th May 2009.

The letter states:
“... I must emphasise that you were employed as a ‘temporary relief’ member of staff without a formal contract.

After taking into consideration our potential future staff needs, management decided to recruit another full-time member of staff as well as to provide all full-time members with annual contracts. Having taken into consideration the fact you were leaving in a few months to get married, and that there was immediately available to the nursery, another suitable candidate for this post, we exercised our prerogative as management in offering the post to said candidate which she accepted and was ready to start immediately.

Bearing in mind the constant financial pressures within an institution such as ours operates under, we did not see the need to keep you on (and continue paying your wages) when the position you had been hired to cover in a temporary capacity had been effectively filled. At no time had the nursery entered into a contract either verbal or in writing offering you a full-time job. It was made clear to you right from the beginning that you had been taken on in a temporary position and when the need for your services lapsed you would be let go..... ”

My sister has confirm when she started over 2 years ago they told her only that if there are not enough kids then we will tell you not to come, nothing else. Also she has been working consecutively since she started 2 years ago (no ON/OFF work) .... Will this be ok?


Thanks for all your help.

getmore4less

Slap an unfair dismisal claim on them

2 years continuous service they can't do this

robnye

what a bar steward..... having read this thread i believe this guy is complete waste of space....

your sister has strong case, take them to tribunal.......

mrs_pickle_2

Automatic unfair dismissal! She has 3 months less 1 day from date of dismisal before she is debarred from bringing a claim.

Tell your sister to raise a grievance, wait 28 days and off to Tribunal she should go but beware of time limits before she is debarred from bringing a claim.

Be careful to investigate whether the new or old claim form needs to be filled.

Good Luck!

taliesin

hafe4k's sister already raised a grievance. This is the response.

Time to put the complaint to the ET. The letter demonstrates that this disgraceful excuse for "management" is both clueless and incompetent.

hafe4k

Thanks, as pointed out above this is the response to the grievance letter.

I tried contacting ACAS was on busy for a whole hour twice! Once at 3pm and again at about 5pm! So wanted to ask, whether continuous employment of over 2 years counts as permanent employment?

Can any1 advice?