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Question regarding Employment Law
11 Answers
Hi guys,
I recently joined a company as a Payments Officer dealing with potential fraudulent payments. When I was initially offered the job, I accepted. They then came back to me saying that there had been a slight change and that my contract was initially for 3 months. Once that had passed successfully, it would then lead to a permanent position (as long as everything went well). Again, I accepted.
I joined last week and was told that the department didn't have much work but asked if I could help out in Customer Services, to which I agreed thinking it would be a temporary thing. The manager was in the US at our head office and before she went, told me that if everything went ok and we brought the fraud department over here (the company has only been over here for just over a year but around 4 years in the States), she'd like me to be a leading figure in it. I was excited about that.
However, today, I was "told off" because I hadn't reached my daily target of 50 emails closed and 50 phonecalls taken. I was aware that there were targets but as I wasn't really a customer service officer, I assumed they were more relaxed with me. Even the lady training us last week kept mentioning that a lot of the phone training did not apply to me as I would be working in the Fraud department, only making outbound calls.
Tomorrow the manager wants to see me as I didn't hit my targets. She seemed to expect me to stay behind to hit them, even though my contract states you won't get paid overtime.
I have looked at my contract and it clearly states what position I was hired for, and also in the Schedule in the contract it clearly states my duties. I have signed the contract but yet to give it to them.
As the contract is only for 3 months (with no certainty i'll be kept on) they only have to give me a weeks notice.
I am worried that I'm going to be stuck doing the customer services role (which is NOT the job I applied for or the skillset that attracted them to my CV) and not the role that would best use my skills.
I understnd that the work may not be there but I keep asking myself why would they hire for that specific role if the work doesn't exist yet.
Can anyone clear up where I stand regarding my contract if they do decide to terminate it, despite not actually doing the role and duties stated in my contract?
I recently joined a company as a Payments Officer dealing with potential fraudulent payments. When I was initially offered the job, I accepted. They then came back to me saying that there had been a slight change and that my contract was initially for 3 months. Once that had passed successfully, it would then lead to a permanent position (as long as everything went well). Again, I accepted.
I joined last week and was told that the department didn't have much work but asked if I could help out in Customer Services, to which I agreed thinking it would be a temporary thing. The manager was in the US at our head office and before she went, told me that if everything went ok and we brought the fraud department over here (the company has only been over here for just over a year but around 4 years in the States), she'd like me to be a leading figure in it. I was excited about that.
However, today, I was "told off" because I hadn't reached my daily target of 50 emails closed and 50 phonecalls taken. I was aware that there were targets but as I wasn't really a customer service officer, I assumed they were more relaxed with me. Even the lady training us last week kept mentioning that a lot of the phone training did not apply to me as I would be working in the Fraud department, only making outbound calls.
Tomorrow the manager wants to see me as I didn't hit my targets. She seemed to expect me to stay behind to hit them, even though my contract states you won't get paid overtime.
I have looked at my contract and it clearly states what position I was hired for, and also in the Schedule in the contract it clearly states my duties. I have signed the contract but yet to give it to them.
As the contract is only for 3 months (with no certainty i'll be kept on) they only have to give me a weeks notice.
I am worried that I'm going to be stuck doing the customer services role (which is NOT the job I applied for or the skillset that attracted them to my CV) and not the role that would best use my skills.
I understnd that the work may not be there but I keep asking myself why would they hire for that specific role if the work doesn't exist yet.
Can anyone clear up where I stand regarding my contract if they do decide to terminate it, despite not actually doing the role and duties stated in my contract?
Answers
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Its clear that you were taken on under if not false then at least misleading circumstances as the job they asked you to do doesn't exist in the UK and this must have been something they were aware of. However if you have only worked for this company a short time (less than one year) then you have no legal protection from an unfair dismissal unless you can evidence this is on the grounds of discrimination.
I think you need to attend the meeting tomorrow and explain that you were led to believe the targets didn't apply and that you were not fully trained for the role they have you doing. See if you can get away with a slap on the wrist and then either keep your fingers crossed that the real job turn sup or more likely start looking for something else.
I think you need to attend the meeting tomorrow and explain that you were led to believe the targets didn't apply and that you were not fully trained for the role they have you doing. See if you can get away with a slap on the wrist and then either keep your fingers crossed that the real job turn sup or more likely start looking for something else.
They can dismiss for almost any reason (barring things such as race or being pregnant) within the first 12 months.
I'm assuming they are paying you the agreed terms.
You need to chat to them to see what role they foresee for you and if you are not happy with what they say you have to decide whether to walk out and find something that suits you better or stay and make the best of it.
Although you feel you could be 'stuck' in customer service it is an important area and the skills and experience you gain could be very useful in future.
I'm assuming they are paying you the agreed terms.
You need to chat to them to see what role they foresee for you and if you are not happy with what they say you have to decide whether to walk out and find something that suits you better or stay and make the best of it.
Although you feel you could be 'stuck' in customer service it is an important area and the skills and experience you gain could be very useful in future.
Come April next year – those taking up employment will have to wait two years before they can take their employer to an industrial tribunal (to claim unfair dismissal – or whatever).
If my memory serves me right – I seem to recall Thatcher bringing in the same legislation during the 80’s (increasing the qualifying period from one to two years). But this was challenged by the EU as being an unreasonable time period, and they had to change it back to one year.
Can anyone confirm my memory of events (as set out above) to be correct?
If my memory serves me right – I seem to recall Thatcher bringing in the same legislation during the 80’s (increasing the qualifying period from one to two years). But this was challenged by the EU as being an unreasonable time period, and they had to change it back to one year.
Can anyone confirm my memory of events (as set out above) to be correct?
If you are in a period of trainging then it would be unrealisitc of them to expect 100% especialy as you are a transferee for a limited time.
Explain that the training hasn't been up to their ususal high standard (because of the implied retransfer later) as this was ment as a temperary placement.
Ask how long you have to learn the ropes and when you will return to your original job.
Also, even though you see it as a temperary placement show them that you are keen to learn as many aspects of the job to prove you want the promotion in the other department. After all good team players get ahead.
Is it with the firm that does money back schemes on in ternet buying?
Explain that the training hasn't been up to their ususal high standard (because of the implied retransfer later) as this was ment as a temperary placement.
Ask how long you have to learn the ropes and when you will return to your original job.
Also, even though you see it as a temperary placement show them that you are keen to learn as many aspects of the job to prove you want the promotion in the other department. After all good team players get ahead.
Is it with the firm that does money back schemes on in ternet buying?
Hymie,
The 2 year qualifying rule had been around since the early employment rights legislation in the 1970's.
It wasn't the EU that reduced the qualifying period for Unfair dismissal down to 1 year it was Tony Blair's labour party. It was one of the first things they did when they got into power, and it was one of the first thing David Cameron said he would revoke.
The 2 year qualifying rule had been around since the early employment rights legislation in the 1970's.
It wasn't the EU that reduced the qualifying period for Unfair dismissal down to 1 year it was Tony Blair's labour party. It was one of the first things they did when they got into power, and it was one of the first thing David Cameron said he would revoke.
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