Employment rights whilst on a probation period

daiseydukes87

I have been in my new employment for 3 months working under a probationary period for 6 months. Recently my employer suggestested at a staff meeting 06/01/12 that he wanted to impose a new working system where staff would work a sleeping night for £25 finacially this meant a £400 monthly loss i heavily opposed this and it was left open.

On 15/01/12 managment sent a text to one member of staff stating that he decided his new system was going into effect from 16/01/12 without notifying all staff members in writing or verbally. After contacting ACAS i was advised that he could not do this as he did not give the right notice period stated in my contract (2 weeks) after informing him of the advice i recieved his response was " i have no time for you" following this my hours have been taken away from me for this week with no offer of further hours as i am still contracted to work there 36hours a week i would like to know where i would stand legally if i was to take action against my manager? Being on a probationary period will these leave me with no rights?

FATBALLZ

I agree with the above, you've done yourself no favours, your card is marked and you'd be well advised to get yourself a new job. The time to make a stand against things is when you're an established valuable member of the team, not when you're a newbie who can be shown the door at any moment.

daiseydukes87

Thank you for your reply

I do not have the sack my contract is still ongoing he is just phasing me out by reducing hours and taking shifts of me with as little as 8 hours notice, so surely whilst im in employment he has an obligation to stick to my contracted hours.

daiseydukes87

i will learn this for next time i dont fancy being in this posistion again.

The fact he offered me a promotion the week before then cut my hours and changed contract without notice is highyly unfair he has not honoured his contract from day one he owes me for wages unpaid and has not honoured the double time payments for over the xmas period that were also stated in the contract. I just find it hard to accept that he can treat people like this and the fact you are on a probationary period works in his favour.

DVardysShadow

Personally, I would have left informing him of the ACAS advice until he implemented the pay cut. And then claimed the money back via legal processes.

And looked for a new job.

OP, I suggest that you do look for a new job. And keep documentary evidence of your 36 hours not being provided. In your shoes, I would leave without notice once I got a new job. Only saying what I would do, others will give dire warnings, but as I see it, by stopping your shifts you could argue that you are no longer on a 36 hour contract.

SarEl

daiseydukes87 wrote: »

i will learn this for next time i dont fancy being in this posistion again.

The fact he offered me a promotion the week before then cut my hours and changed contract without notice is highyly unfair he has not honoured his contract from day one he owes me for wages unpaid and has not honoured the double time payments for over the xmas period that were also stated in the contract. I just find it hard to accept that he can treat people like this and the fact you are on a probationary period works in his favour.

It has absolutely nothing to do with the fact that you are on probation. You can be dismissed for almost any reason in your first year of employment - two years from April. That is why this is happening to you - because you have almost no employment rights at all. The only thing I would add to what the others have said is that standing up for your rights is always a dangerous thing to do if you value your employment - best only to do it when you are not liable to be dismissed for it without any recourse to law, when your employer can't do without you, your team mates will back you up - and you have a bloody big union behind you who will be ever so narked.

daiseydukes87

oh im cutting my losses with him im seeking advice from citezens advice as i feel there should be something i can do.Makes me sick how companies can treat there workers like this. I was just looking on here to see if anyone had experienced similar circumstances.

Thanks for your replies advice taken on board

Oldernotwiser

People who have done similar silly things aren't necessarily in the best situation to offer accurate advice.

KiKi

A question, though, to those who known the law better than I:

OP hasn't been dismissed (although likely to be). Instead, a change has been implemented without correct notice which may be breach of contract. And OP is now not being give the hours or payment, which would also seem to be breach of contract (if she has contracted hours) until she's dismissed. As there's no qualifying period for that, is this something worth pursuing?

OP, do you have a contracted hours per week that you are now not being paid for?

KiKi

p.s. Be aware that I'm not at all awake today, so you need someone better at this than I to answer this question!!

SarEl

The details are fuzzy - so breach of contract may be worth pursuing. But first she has to pursue it with the employer - she cannot simply make a claim. And since that will no doubt result being told she is dismissed / no longer required, we end up in a circle. But I am confused by the anolmoly of saying that she is contracted for 36 hours but isn't being "offered" hours to work - the latter statement usually goes with a zero hours contract.

drwho2011

SarEl wrote: »

But I am confused by the anolmoly of saying that she is contracted for 36 hours but isn't being "offered" hours to work - the latter statement usually goes with a zero hours contract.

Taking a guess here that they work in the care sector where shifts are on often on a rota basis, so while staff have a set number of hours in a week (i.e 36) they may work 8 days straight and then have 4 days off, then work a further 2 days. I'm guessing this because of the sleeping night at £25.