Do I have ANY rightsif less than12 months service?

Billy_Sugger

Have deleted greatest part of original post for fear of my employer identifying me from the details. After an invented "probationary period" (which I was made aware of only after it had expired) my employer has decided to offer me a 12 month contract at a salary reduced by 5 figures. I have nowhere near 12 months service. Do I have any rights at all? Because of my age, I really have no option but to agree to the 12 month contract.

Thanks

Googlewhacker

Basically you can be dismissed fairly easy within the first year and there are only a couple of reasons why you could take an employer to a tribunal if you are sacked within the first 12 months (ie Discrimination of sex, race, age etc).

It sounds to me that either your boss is an !!!! that makes it difficult for employees to succeed within the business and has a high staff turnover or it is a pressurised selling business and at the moment you are on the edge of hitting targets but not quite where the business needs you to be and so they have offered you a 12 month contract to prove that you can hit targets.

rebeccak

Other than the reasons stated by the above poster, you have limited statutory employment rights at the moment. However, depending on what your contract says and what exactly has happened, you could have claims relating to a breach of your contract.

If you were dismissed with less than 12 months service, you wouldn't generally be able to claim unfair dismissal. However, you could potentially claim wrongful dismissal, if the dismissal wasn't carried out according to the terms of your contract. (Wrongful dismissal relates to dismissals which didn't comply with the specific terms of your contract with the employer. Unfair dismissal is a dismissal which is in breach of employment law.)

Billy_Sugger

Thanks, Rebecca and Googlewhacker.I received a job description prior to joining but have not been given a contract of employment at any stage. No mention of 3 month probationary period until I was in 4th month of employment. It's only a matter of time, I think, before I am history and I want to get to at least 1 year's service but am not confident. Can you say whether you believe I could go for wrongful dismissal?

SarEl

Billy_Sugger wrote: »

Thanks, Rebecca and Googlewhacker.I received a job description prior to joining but have not been given a contract of employment at any stage. No mention of 3 month probationary period until I was in 4th month of employment. It's only a matter of time, I think, before I am history and I want to get to at least 1 year's service but am not confident. Can you say whether you believe I could go for wrongful dismissal?

No. Wrongful dismissal only aplies to a dismissal which is not within the terms of your contract - so if they dismiss without notice (for something other than gross misconduct) you can claim - for the notice only. Best stick with the job until you can find another - the best you will get is your notice pay.

Billy_Sugger

I don't have a Contract of Employment - I have never been given one. I have a job description which I was given prior to joining but this makes no mention of notice periods. If I sign the 12 month contract that is on offer , am I in any way protected for that 12 months?The contract offer makes no reference to notice periods, grievance procedures or the like and, by the time it has run its course, I will have 12 months service in. Should I ask for notice periods etc to be spelled out now?

Googlewhacker

Billy_Sugger wrote: »

I don't have a Contract of Employment - I have never been given one. I have a job description which I was given prior to joining but this makes no mention of notice periods. If I sign the 12 month contract that is on offer , am I in any way protected for that 12 months?The contract offer makes no reference to notice periods, grievance procedures or the like and, by the time it has run its course, I will have 12 months service in. Should I ask for notice periods etc to be spelled out now?

The fact you are working means you have a contract and if it is not in writing or not custom and practise within the organisation then you need to take statutory as being your contract,

Because you have a 12 month contract I do not think it gives you anymore rights than someone who has no contract, if anything you have less