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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 44957
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Following my application for a PERMANENT part time job and

Customer Question

Following my application for a PERMANENT part time job and a successful interview, I was verbally offered the job and signed a "Staff Contract" on 17.5.2011 stating probation period of 12 weeks, which was to expire on 08.08.2011. The contract reads: "your employment began on 17.05.11". As one of my colleagues was to commence her maternity leave, I offered myself to cover her hours. Based on my verbal offer, a document called "12 Month Staff Contract" was presented to me on 08.08.2011 stating my new extended working hours. Being concerned when I saw "12 moth contract" I asked if I have to sign it, the answer was "NO" as it was issued only to state my new working hours. This document remained unsigned. Later it was decided that a new member of staff would be temporarily employed from 1st of March 2012, to cover the maternity leave, as it was easier to cover annual leave of all members of staff. This was based also on the extension of working hours of the working place from 1st of March 2013. My working hours and hours of other members of staff were changed accordingly by issuing individual documents called "Individual Staff Rota 01.03.12". As I haven't received any written confirmation of my employment after the probation period expired, I would like to know, whether I can legally consider my job being permanent and confirmed, since I have been receiving my monthly salary regularly. Thank you.
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.
Hello, my name is XXXXX XXXXX it is my pleasure to be able to assist with your question today. Please let me know if you have continued in your original job since march 2012?
Customer: replied 3 years ago.


Hi Ben,


Sorry I had to go to work and didn't have a chance to see your message until now.


My answer is: Yes, I have continued in my original job since March 2012 (still working).


Thank you.


Mira

Expert:  Ben Jones replied 3 years ago.
No problem, just to be clea - is there anything you are missing out on by not being officially confirmed as permanent or is this just for your own peace of mind?
Customer: replied 3 years ago.


At the moment just for my own peace of mind. Thank you.

Expert:  Ben Jones replied 3 years ago.
You should be considered as permanent now anyway, irrespective of what has happened so far. You applied for a permanent job, with a probationary period and were temporarily assigned to another job to cover maternity leave. You did not complete that job and were moved back into your original position. Due to the time that has passed it would be assumed that your probationary period has now completed as it would be unreasonable to consider that it will still be applicable at this stage. Also your employment rights will depend on the time you have been employed there for and your employer cannot just terminate your employment.

If an employee has been continuously employed with their employer for at least 12 months they will be protected against unfair dismissal. That means that to fairly dismiss them their employer has to show that there was a potentially fair reason for dismissal and that a fair dismissal procedure was followed.

According to the Employment Rights Act 1996 there are five separate reasons that an employer could use to show that a dismissal was fair: conduct, capability, redundancy, illegality or some other substantial reason (SOSR). The employer will not only need to show that the dismissal was for one of those reasons, but also justify that it was appropriate and reasonable to use in the circumstances.

Please take a second to leave a positive rating as that is a very important part of our process. Your question will not close and I can continue providing further advice if necessary. Thank you
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 44957
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Employment Law Specialists are ready to help you
Customer: replied 3 years ago.


Thank you very much Ben.


Sincerely,


Mirka

Expert:  Ben Jones replied 3 years ago.
My pleasure and all the best

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