Tricked out of a job?

PaulyH

My wife recently left her full time, secure job for an equivalent job that was considerably closer to home. We absolutely knew the risks of moving in this market and taking on a new position with a 3 month probation.

At the end of the 3 month she was let go on the grounds that her performance was not quite of the desired standard. However we are highly suspicious that there is not actually a full time position available and that my wife has been used as a high quality temp to plug a gap while staff on maternity made decisions about their future with the company.

Once it was clear that someone who was on maternity leave was certain to be returning this was the point that conversations about performance arose, not before. This culminated in the end of my wife's short employment with this company. Had this person decided not to return we are sure that my wife would have been offered the contract. No conversations about performance were mentioned in the first 2 months. Only with 1 month to go after they knew about the returning employee. It looks like the whole thing has been cleverly engineered.

I am sure that my wife's position will not be filled and I would bet my house that they will not even advertise for a replacement because there is simply not a vacancy available now they know someone is returning from mat leave.

As I said we new the risks of this move but surely if a company does not know if a position will be available at the end of a probationary period they should be open about it before taking someone out of secure employment.

Does anyone know where we stand with this one or do we just take the hit and move on as quick as we can?

mildred1978

PaulyH wrote: »

My wife recently left her full time, secure job for an equivalent job that was considerably closer to home. We absolutely knew the risks of moving in this market and taking on a new position with a 3 month probation.

At the end of the 3 month she was let go on the grounds that her performance was not quite of the desired standard. However we are highly suspicious that there is not actually a full time position available and that my wife has been used as a high quality temp to plug a gap while staff on maternity made decisions about their future with the company.

Once it was clear that someone who was on maternity leave was certain to be returning this was the point that conversations about performance arose, not before. This culminated in the end of my wife's short employment with this company. Had this person decided not to return we are sure that my wife would have been offered the contract. No conversations about performance were mentioned in the first 2 months. Only with 1 month to go after they knew about the returning employee. It looks like the whole thing has been cleverly engineered.

I am sure that my wife's position will not be filled and I would bet my house that they will not even advertise for a replacement because there is simply not a vacancy available now they know someone is returning from mat leave.

As I said we new the risks of this move but surely if a company does not know if a position will be available at the end of a probationary period they should be open about it before taking someone out of secure employment.

Does anyone know where we stand with this one or do we just take the hit and move on as quick as we can?

Nothing you can do about it. Move on.

PasturesNew

This is why most people don't apply for jobs that are covering a maternity leave ... because you're never sure what'll happen.... but if you're not told then it's a poor show, but you can't do anything about it.

liney

PasturesNew wrote: »

This is why most people don't apply for jobs that are covering a maternity leave ... because you're never sure what'll happen.... but if you're not told then it's a poor show, but you can't do anything about it.

I think the point is that the OP was not aware it was maternity cover as it was advertised as a full time post.

Either way, I doubt there is anything they can do because of the length of service. She could always ask ACAS for advice free of charge though.

ihateyes

only 3months service. ACAS would not get involved.

Also hard to prove that they wouldve kept your wife on the the person didnt return.

the business will never admit it.

mildred1978

liney wrote: »

I think the point is that the OP was not aware it was maternity cover as it was advertised as a full time post.

Either way, I doubt there is anything they can do because of the length of service. She could always ask ACAS for advice free of charge though.

Do you mean a permanent post? "Full time" relates to the number of hours, not the duration.

PaulyH

liney wrote: »

I think the point is that the OP was not aware it was maternity cover as it was advertised as a full time post.

Yes this is correct - We did not know staff were away on mat leave until the employment commenced.

Fully expecting there to be nothing we can do but thought I would sound out the board anyway.

Sorry. I should have reworded full-time as permanent. It was advertised as a permanent position and the confirmation of employment letter confirmed this with a 3 month probation.

getmore4less

Just shows how important it is to probe at interviews and research the positions on offer carefully.

Probation is generaly meaningless unless there are contractual changes.

Everyone new is now on 2 years "probation" anyway even if the empoyer has a seperate milestone.

PaulyH

My point was really that there was no probation, it was a temp job falsely advertised.

mildred1978

The probation was a red herring anyway. From April 2012 new starters can be sacked for no reason (provided not discriminatory) within the first 24 months.

PaulyH

OK, thanks for the heads up on the legislation. Onwards and upwards!