I really need some help with this

donnaessex

Googlewhacker wrote: »

Could you look at offering the fact that will do the training to become qualified part time with a bit of flexibility from work as long as they pay for it?

I can't help but think that the MD is making something up here, if he is the MD he will hardly be pulled across hot coals for something like this but because he made a mistake he is trying to make it out that its not really his fault that he has to 'let you go'

He said that because it takes 2 years minimum to complete the training they couldnt wait that long.

Re your second paragraph, I agree. We havent really got a relationship like a normal PA/MD relationship should be and I fear he has just decided to cut his losses and is giving me an excuse.

williacg

donnaessex wrote: »

Hi williacg. No, I'm not.

That's a shame. It would be helpful though if you could keep a paper trail, e-mails etc., as from what you've previously stated, your boss seems to conveniently forget certain elements of your employment status, such as your new contract, at least you would then have some written evidence to hand when you go into your next meeting, which he won't be able to deny.

Googlewhacker

Donna, the problem is that your boss has made it clear that you are not welcome anymore within the company and whilst you have the right to be there I feel that your relationship with him is only going to go one way and thats downwards.

Stand up for your rights of employment and if he does dismiss you unfairly look at taking it to a tribunal however start looking for a new job ASAP!

donnaessex

Googlewhacker wrote: »

Donna, the problem is that your boss has made it clear that you are not welcome anymore within the company and whilst you have the right to be there I feel that your relationship with him is only going to go one way and thats downwards.

Stand up for your rights of employment and if he does dismiss you unfairly look at taking it to a tribunal however start looking for a new job ASAP!

Oh now that this has happened, I am not looking to be here for my future career no worries!

I just wondered if I should state my case now with regards unfair dismissal, or wait until I get paid (probably 28th Feb for the whole notice period) and then start proceedings?

donnaessex

I've just found this on the ACAS website can anyone help me?

[URL="javascript:toggleArticleContents('articlebody1802')"]When is a dismissal fair?[/URL]
Dismissal is normally fair only if your employer can show that it is for one of the following reasons:

• a reason related to your conduct
• a reason related to your capability or qualifications for the job
• because you were redundant
• because a statutory duty or restriction prohibited the employment being continued
• some other substantial reason of a kind which justifies the dismissal

and that they acted reasonably in treating that reason as sufficient for dismissal.

Person_one

donnaessex wrote: »

I've just found this on the ACAS website can anyone help me?

Did the job description or advert mention the qualification as 'essential' when you applied? Is it mentioned anywhere in your contract?

donnaessex

Person_one wrote: »

Did the job description or advert mention the qualification as 'essential' when you applied? Is it mentioned anywhere in your contract?

No.

The job advert stated:

Usual day to day support of a busy Managing Directors office by fielding calls, arranging preparation for meetings, dealing with correspondence etc etc.
Microsoft office experience is essential - particularly Excel & Powerpoint along with Word etc. Preferable experience of day to day HR support would be helpful but not essential. A self motivator with strong interpersonal skills and the motivation to work alone as well as part of a team.



My contract states:

1. DUTIES

As per Job Description




I've never been given a job description so I presume the initial advertisement will be the one I can count on?

KiKi

Just something that might help your cause. A CIPD qualification is not essential for anyone working in HR. Although it's a chartered qualification it is not a requirement for the profession.

(One of the reasons my old company could never, ever ask for it as an essential criteria for an HR role (although it was always desirable) is because asking for any non-essential qualification is potentially discriminatory towards certain groups who've had less access to education, finance, or taken time out of their career to raise children etc. Admittedly, I worked for the public sector in a company VERY on the ball with equality issues, but the point still stands.)

So with regards to the ACAS point, I don't think they'd get away with you needing a CIPD qualification. It takes time to get. Capability is about your ability to do the job - but as HR experience wasn't requested, it seems that they're changing your actual role. In which case it is potentially a redundancy situation as they would be losing your job and creating a new one. Not sure how legal that is if there's a lot of crossover with your role, though?

KiKi

donnaessex

KiKi wrote: »

In which case it is potentially a redundancy situation as they would be losing your job and creating a new one. Not sure how legal that is if there's a lot of crossover with your role, though?

KiKi

Many thanks for your reply Kiki.

It is an exact replica of my role really, but I guess the job title will change from PA to the MD to HR Officer or such like.

My job involves 80% HR to 20% PA but that might be the route they take...

kazwookie

Make sure you remove any documents or emails you need regarding your employment, or forward emails on to another address, as they may well be gone next time you look for anything to support your case.

Get legal advise and fast.