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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 30929
Experience:  Over 5 years in practice
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1. EMPLOYED AS AN ADMINISTATOR FROM 2ND AUGUST 2010. 2. IN

Customer Question

1. EMPLOYED AS AN ADMINISTATOR FROM 2ND AUGUST 2010.
2. IN AUGUST 2013 WAS ASKED IF I WOULD TAKE ON THE ROLE OF MEDICAL SECRETARY AT A HIGHER BAND WHICH I AGREED.
3. NO MENTION AT THIS TIME IT WAS TEMPORARY
4. RECEIVED CONTRACT OF EMPLOYMENT CHANGE LETTER FROM HR CONFIRMING NEW DETAILS WHICH I SIGNED. NO MENTION ON THIS IT IS TEMPORARY.
5. COPY OF ASSIGNMENT CHANGE FORM KEPT BY HR (WHICH WAS NOT SENT TO ME) DID HAVE AN END DATE OF 28TH FEBRUARY 2014 ON IT BUT DID NOT SAY IT IS A SECONDMENT OR ACTING UP AGREEMENT AND I ONLY SAW THIS DOCUMENT LATER.
6. FIRST I KNOW POSITION IS NOT PERMANENT WAS DURING A MEETING WITH MANAGER DATED 28/2/14 WHEN I WAS TOLD I WAS A TEAM SECRETARY ON SECONDMENT
7. INVITED TO ATTEND MEETING ON 4 SEPTEMBER 2014 WITH THE THEN MANAGER AND HR TO DISCUSS END OF INTERIM ARRANGEMENT. WAS TOLD AT THIS MEETING I WOULD BE PUT BACK TO MY SUBSTANTIVE POST WITH IMMEDIATE EFFECT.
8. FURTHER MEETING ARRANGED FOR 30 SEPTEMBER 2014 WITH HR. SHOWN PRINTED EMAIL FORWARDED BY COLLEAGUE WHICH I HAD NEVER SEEN STATING ARRANGEMENT INTERIM.
9. HR SAID IT WAS AN HR ERROR THAT MY JOB BEING TEMPORARY WAS NOT PUT ON MY CHANGE OF CONTRACT LETTER.
10. HR BELIEVE FOLLOWING EVIDENCE PROVE THAT THIS IS A SECONDMENT:
a. Change form signed by manager and finance does give an end date although does not state acting up agreement.
b. Email (which I believe has been changed) forwarded from colleague saying this as an interim role.
c. Fact I did not go through formal job process required to obtain permanent position.
11. ON 14 OCTOBER 2014 RECEIVED LETTER CONFIRMING ACTING UP AGREMENT HAS NOW CEASED WITH EFFECT FROM 6 OCTOBER 2014 AND THAT I HAD NOW BEEN RETURNED TO SUBSTANTIVE POST.
12. I EMAILED MANAGER AND HR RAISING SEVERAL QUESTIONS RELATING TO MY CONTRACT AND ASKED THEM TO RESPOND TO THESE IN WRITING TO WHICH THEY REFUSED
13. NOTICED FROM WAGE SLIPS THAT MY JOB TITLE HAS BEEN CHANGED DESPITE MY QUESTIONS REMAINING UNANSWERED.
14. WORK STILL SAME DESPITE MY DEMOTION BACK TO SUBSTANTIVE ROLE AND I AM STILL UNDERTAKING ALL MEDICAL SECRETARIAL WORK.
I BELIEVE THAT IN VIEW OF
- AMENDMENT TO CONTRACT LETTER NOT STATING IT IS FOR A FIXED TERM,
- NOT GIVING AN END DATE,
- NOT SAYING IT IS A SECONDMENT OR ACTING UP AGREEMENT OR GIVING ANY INDICATION THAT IT IS ANYTHING BUT PERMANENT
- FACT I HAVE BEEN DOING THIS JOB FOR OVER A YEAR AND NO RENEWAL OR EXTENSION HAS BEEN SUGGESTED
THAT IT IS AN ONGOING CONTRACT. AM I CORRECT?
Submitted: 2 years ago.
Category: Law
Expert:  Nicola-mod replied 2 years ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 2 years ago.

I am fine to wait for a response as long as it is not too long. Thank you for your help.

Expert:  Nicola-mod replied 2 years ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  Jenny replied 2 years ago.
Hello I am able to help you with this if you would like me to?
Customer: replied 2 years ago.

Yes please.

Expert:  Jenny replied 2 years ago.
No problem are you still being paid the same salary now you have been returned to your substantive post and have you raised a formal grievance about this?

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