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Is this the correct procedure?
Andypandyboy
Posts: 2,472 Forumite
My sister has worked for a local college for 15 years. Earlier this year all members of her dept had to reapply for new job roles (almost identical responsiblitities but new title). Over 50% were made redundant when they did not get one of the new roles.
Sis was sucessful and got a new contract which stated her service was deemed continuous from her original start date. New term started yesterday and all of them in the role are now deemed to be on probation for 12 months and will have 3 capability reviews in that period. That was not in the contract.
They have never been paid for lunchbreaks but now will not have the breaks between lectures count towards their weekly hours. So, effectively as each lecture is 1hr 40 with a 20 min break, they will be in work but unpaid for approx 1 hour per day, plus their unpaid lunchbreak of 30 mins.
I met up with her last night and she was a bit upset about it but not intending to query it. I have been thinking about it and wondering if they can do either of those things legally.
Sis was sucessful and got a new contract which stated her service was deemed continuous from her original start date. New term started yesterday and all of them in the role are now deemed to be on probation for 12 months and will have 3 capability reviews in that period. That was not in the contract.
They have never been paid for lunchbreaks but now will not have the breaks between lectures count towards their weekly hours. So, effectively as each lecture is 1hr 40 with a 20 min break, they will be in work but unpaid for approx 1 hour per day, plus their unpaid lunchbreak of 30 mins.
I met up with her last night and she was a bit upset about it but not intending to query it. I have been thinking about it and wondering if they can do either of those things legally.
0
Comments
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"Probation" has virtually no meaning in employment law. The key thing here is that her service is continuous and she therefore has protection against unfair dismissal.
That doesn't mean that her employer can't monitor her progress and, if unsatisfactory, takes steps along a capability procedure. However they would need to do this carefully and follow proper procedure.0 -
What has her union said about all of this?0
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I asked her that and she said there is no union rep onsite as the last one resigned and no one came forward to take his place. There is a regional rep but I doubt he is aware of the issues.0
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I am pretty sure that if this is an FE college then the union will have been involved in the negotiations for the redundancies and the new contracts. The regional rep should be aware of the situation so probably the best source of advice.0
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