Employment Lawyers Can Answer Your Employment Law Questions
Hi Ben the secondment agreement says that when the secondment ends I will return to my original substantive post on my previous hours unless otherwise agreed. In the meantime if my substantive post be subject to Organisational Change I would be consulted with in accordance with the Organisational Change Policy.
The probationary period in this new job would just be an internal matter, which would not affect your legal rights. As far as your employment security is concerned you will have continuous employment with the employer and would be protected against unfair dismissal. So they cannot simply dismiss you just because they feel that you have not passed the probationary period.
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. In addition, they need to ensure that a fair dismissal procedure was followed and this would depend on which of the above reasons they used to dismiss.
So even if they believe you failed the probationary period, if they wanted to dismiss you they would need to show that the reasons for the dismissal fell within one of the above options and that they also followed a fair procedure. The procedure would involve them looking at alternative for dismissal first before considering termination so even if you were considered unsuitable for this rile, they need to try and offer you something else before it gets to dismissal.
If they jump straight to dismissal, without even considering what else you could so and try to avoid it then you could be looking at an unfair dismissal, which you could challenge further if necessary.
I was initially told that my job description was being rewritten as it was too clinical and it was being written for the requirements for a new strategy. when I was informed of the result of the job matching for the new job description, I was told that this was a new post. The job specification does not appear to have changed much although the job description has. Should this be a new post or a rewrite of my job description and if the later applies should I have the probationary period. I have also been asked to change my location for my base and be more flexible in my part time hours as I have previously worked set days for 19 years