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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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This is ver long winded! Basically I started work in July 2015,

Customer Question

This is ver long winded! Basically I started work in July 2015, I was told I'd be on a min 10 hour contract and I would be on a 3 month probation period then after that I'd have my contact. I finished my probation the end of October and my manger said I would now get my contact, she then left and another manager came and at the end of November said she was extending my probation period even tho I'd already finished it. My hours were being reduced greatly and I was not getting the min 10 hours I was told I would get. I was also paid late and did not get any holiday pay at all. Yesterday I was "let go". I know I can't do anything about being dismissed but where do I stand on all the other things please? I am still in touch with my old manager who is willing to be a witness in the fact I was offered a min 10 hour contract and that I'd in fact finished my probation
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. At the outset were you told that the probation could be extended? Also was the successful completion formally confirmed to you?

Customer : No I wasn't told it could be extended and I was told by my manager at the time that my probation period was complete
Ben Jones :

Hi, sorry I was offline when you replied.

You can argue that according to the agreements you had made with the employer and their conduct, a binding contract was entered between you and them, which contained certain conditions. These would have been that once you successfully completed the probationary period, you would have moved on to a 10-hour minimum contract.

Whilst you are not protected against unfair dismissal and the employer could dismiss you at any time within the first 2 years of employment, you could argue that they had acted in breach of contract for not honouring the original agreement. One thing you should bear in mind is that you should be able to show that you did not just accept the position and that you made it clear that what they were offering you was unacceptable. The risk is that if you said or did nothing and just carried on working on the current conditions there is an implied acceptance of this and your chances of pursuing this are reduced, but only a tribunal can decide if that is the case.

If you wanted to pursue this further you can make a claim for the difference in hours through www.moneyclaim.gov.uk

Hope this clarifies your position? If you could please let me know that would be great, thank you

Ben Jones :

Hello, I see you have accessed and read my answer to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? I just need to know whether to close the question or not? Thanks

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