Dispute over notice period

Dumpling63

My partner has worked as a Mental Health Practitioner for the past 10 years. 2 years ago, his boss left and he was asked to step up in to her position as lead social worker , co managing the team, which he did for 18 months. Nothing in writing to confirm any of this. He applied for the permanent position when it was advertised one year ago and after many months of messing around he finally had an interview and was told he was not successful. He was immediately demoted and a locum brought in temporarily to do his job. The locum left a few weeks later and he was asked to once again step up for two weeks until the permanent replacement arrived. The replacement has now been in position for two months and has no management experience and is on a steep learning curve. My partner has handed in his resignation giving one month's notice as per his contract which he signed 10 years ago. He has been told that his notice period is not one month but 3 months which is the notice period for management. He has argued that as he is no longer management they cannot ask for 3 months notice. He was told very clearly by the Section Manager that he was no longer management. His pay has been downgraded over the past two months. Can they impose a longer notice period than in his original contract? Can they have slipped this in to the T's and C's of his contract without his consent? I suspect that they are trying to keep him on longer to make up for his replacement's lack of experience and ability to do the job. He is trying to negotiate a compromise with them but is being met with a wall of silence and could potentially lose the locum position he has secured....Any advice???? Would you raise a grievance if they simply stonewall him?

getmore4less

Ask them for contractual evidence of notice that contradicts the contractual notice you have.

sangie595

There is no such thing as a management notice period. His notice is whatever his contract says it is. He may have been "downgraded" but what matters is what his contract says.

Dumpling63

The latest twist in this sorry tale is that he has just learnt that he will now be investigated for a complaint against him. A final act to punish him for leaving, to tarnish his reputation and to enable them potentially to fire him with a gross misconduct against his name. (He is on a final warning for a totally unjustified reason and suspects that the latest is a comment made in an internal
meeting which again is petty) This could mean that his career as a social worker will come to an end totally without justification

sangie595

Sorry, but if he didn't do it it's unfair dismissal. If he did it, then yes, he's in trouble. This is not something to deal with visa a third party. With the greatest of respect- you don't actually know anything other than what he tells you. That version isn't always true. And the final warning on his record explains exactly why he didn't get the job! Sorry, but there is more to this than you know. Apart from anything else, his career as a social worker is only in jeopardy if this goes on his professional record. That is serious stuff, and not based on no evidence.

nicechap

Separate out the two things, notice period and the complaint.

Social workers are needed up and down the country and poor management is legendary in NHS, so it would not surprise me what you have written, but as Sangie advises it is a one sided version of whats going on.

If he has decided to leave and has given notice, has he had an official reply from HR stating his last day of service as being in 3 months time? If so, ask them to evidence it. Otherwise continue with 1 month notice and book any untaken leave.

In the meantime, continue to be professional and do the job and co-operate with the complaint as per the organisation's processes, I would expect there's a good chance the evidence will be flawed, or the investigation process will be.

Only if the complaint makes it to HCPC will it affect his ability to apply for other jobs. Your partner can search here to see the sort of things that would mean losing his registration.

https://www.hcpts-uk.org/hearings/recentdecisions

Dumpling63

The complaint (previous - I do know the facts) and we suspect the current boils down to derogatory and sometimes sexist remarks to colleagues - nothing to do with actual social work malpractice. Thanks for sending the link to the HCPTS - makes me realise how completely petty this all is. In response to his resignation he had a one liner telling him it was 3 months. HR have reinforced this but have not sent a copy of the contract.

nicechap

Who sent him the one liner? His boss or HR? If it was HR, at some point, send HR copy of extract of contract he is working to & they are paying him for. If it was his boss, ask him for a copy of contract stating 3 months, when it doesn't arrive, then send him/ her extract mentioned above, perhaps copying in the boss above hinting at incompetence.

EDITED to add:Misread the post above. Its usual for HR to support the manager, so if they are saying its 3 month, check payslip to confirm grade, then send them extract of the contract stating 1 month. They will struggle to argue it both ways, pay reduction but notice period increased.

sangie595

Dumpling63 wrote: »

The complaint (previous - I do know the facts) and we suspect the current boils down to derogatory and sometimes sexist remarks to colleagues - nothing to do with actual social work malpractice. Thanks for sending the link to the HCPTS - makes me realise how completely petty this all is. In response to his resignation he had a one liner telling him it was 3 months. HR have reinforced this but have not sent a copy of the contract.

Really? How someone thinks and their attitudes about people is an indicator of social work practice. Sexist comments to colleagues raise relevant questions about his judgement when it comes to clients - as do derogatory comments. You appear to be confirming that he has indeed done these things? In which case, given he is already on a final warning, he will certainly be lucky if this is not mentioned in a reference - and it may be a race against time as to whether he can be dismissed before he resigns. What you are describing is not petty...

polgara

I agree - making derogatory and sexist comments IS a potential breach of a social worker's code of conduct http://www.hpc-uk.org/assets/documents/10003B08Standardsofproficiency-SocialworkersinEngland.pdf never mind the organisations disciplinary policy.

Complaints can be made to the employer or to the HCPC who then co tact the employer asking them to investigate. I've had both happen even when it has been an internal meeting.

Crikey, he's made life difficult for himself

Savvy_Sue

Please tell me he's in a union? What is their response to the investigation?