Unfairly treated at work! Can this happen???

pinkypink411

Hello all,

I will try and make ehis as short as possible.......

I started working for a company in December Part Time, they wanted full time, but we agreed on 8-2 daily as I could not work full time at this point for personal reasons, this was stated in my offer letter and to be reviewed in March. In March, we had agreed that I could continue to work the hours. In April I had a discussion with the Company Directors and told them I wanted to leave as I had found another Job. I started the other job, working shifts and they asked me to stay, gave me a pay rise and told me I could work any hours which suited me until they found somebody else. :j

They found somebody who I trained, but unfortunately he was not able to do the job, (and I also think there were legal issues as he was only on a Student Visa and could not be employed) At this stage I had left my other job, and was asked by one of the directors if I would like to Work there full-time, and to promise that I would not be leaving anytime soon, I agreed to all of this. This was witnessed by the Operations Manager. :j

However, 3 days later, i was called to see both directors and told that they will be having a new lady start who is much more experienced than I, and that she will be starting in 2 months time, so I would continue to work there if I want to, but as I had only agreed to work there on a temporary basis, they were being fair!!! The director who had previously asked me to stay permenantly remained extremely quiet during this conversation!! :mad:

I don't know what to do?? I have already had the director who asked me to stay apologise for this, if I wanted to, I could get this all confirmed by him if I recorded him or something?? But I don not know if they can legally treat me like this, as I did not have it in writing, even though the Operations Manager was called in to witness the conversation. The Operations Manager has already discussed how unfairly he thought i had been treated with me. I know though, if it went further he would support the company.

What should I do??

northern_star

I really feel for you (((Hugs))).

What, if anything, was put in writing? From the sound of the Company I'm guessing not very much - which might make things harder for you to prove as the directors will undoubtedly stick together on this one.

I think you need advice from someone who specialises in Employment Law to find out your exact position - perhaps CAB or ACAS?

I'm sure another board member will be along soon with more help.

pinkypink411

All I had in writing was the original offer letter!!

I think the company quite often treats employees this way, and generally they just walk away!! The only person I have heard of who didn't was a lady who was dismissed after she fell pregnant!! I heard that she appealed and got an out of court settlement!!

My colleague who is extremely good at her job is leaving due to comments made in her interview about a salary increase after her 'training period' then when she asked was told she wouldn't be getting one!!

Its horrible how people are treated!!

littlejaffa

it sounds really odd that directors are taking any involvement in p/t and temp staff, so i'm assumign it's a really tiny company, this can make a difference.
although you don't have anything formal in writting do you have anything? e-mails, messanger records, conversations other people (who would admin) heard/were party to? anything atall...it makes a difference.

pinkypink411

I only have one offer letter in writing, nothing else, although the lady who they is looking to leave due to upkept promises has witnessed all of this, and been present when the operations manager told me how embarassed he was by the whole situation!! I am pretty sure she would support me if necessary.

I could, if I wanted to record them describing exactly what has happened?? If that would be beneficial??

They are a fairly small company, but their turnover is still £5 million!!! They employ about 25 staff and lots of sub-contractors.

littlejaffa

pinkypink411 wrote:

I could, if I wanted to record them describing exactly what has happened?? If that would be beneficial??

unless you ask their permission before you do it, recorded conversations can't be sumbited as evidence, to be honest it sounds like it'd be quicker and easier for you to get another job and put it down to experience but you also have a case if you want to pursue acas should be your first stop

Astaroth

At the end of the day no matter what is said or done a contract of employment can be ended by either side as long as the contract's amount of notice is given.

I am not a contract law specialist but there may be a tiny chance of having some comeback to them for offering a perminant possition and then terminating it so early but this is going to only be financial and not be a job (after all would you really want to work for a company that you have had to sue to keep your job?). I would question if going through the time and hassel of possibly getting a couple of weeks wages is the best route at this time or if spending that time and effort on getting a new job wouldnt be a better option.

pinkypink411

You're all right!! :T

I am far better to be looking for a new job and putting this all down to bad experince and moving on!! :j

It has been a learning curve for me to realise not to trust people so much and in future I will get everything put into writing! Thank you for all of your help!!:beer:

Warriorsith

Go to Citizerns Advice to see if they can help you in your situation, as your companies too small to have a HR department. Am sure they'd help you but as stated you should look for a far favourable job to move on to.

Sumostar

Hi
As you only started with them in December they can get rid of you for any reason they like as long as they give you 1 week's notice. The concept of temporary and permament are irrelevant. I once worked for a company who decided to get rid of some "temporary" staff that had been working for them for 2 1/2 years!

The only comeback you have is claiming unfair dismissal & damages on the grounds of indirect sex discrimination. The fact that they booted you out for not wanting to work full time is pretty good grounds for the claim.