Employment Lawyers Can Answer Your Employment Law Questions
If you have been continuously employed at your place of work for less than 2 years then your employment rights will unfortunately be somewhat limited. Most importantly, you will not be protected against unfair dismissal or constructive dismissal. This means that your employer can dismiss you o force you to resign for more or less any reason, and without following a fair procedure, as long as their decision is not based on discriminatory grounds (i.e. because of gender, race, religion, age, a disability, sexual orientation, etc.) or because you were trying to assert any of your statutory rights (e.g. requesting maternity/paternity leave, etc.).
In these circumstances it means that they can terminate your current contract by just giving you the minimum statutory notice period of 1 week and your current arrangement would come to an end. They can then offer you whatever new job they want and you can either accept it or reject it, in which case you are likely to be out of a job. As you do not have the required service you cannot then claim unfair dismissal to challenge the termination. Similarly, if you felt forced to resign as a result of this, you cannot claim constructive dismissal for the same reasons. So you are really wedged between a rock and a hard place – you either accept the new job or you would be out of a job without being able to take the matter further. You can try negotiating with the employer but if they are not prepared to agree something with you then you go back to square one as described above.
I hope this clarifies your position? If you could please quickly let me know that would be great, as it is important for us to keep track of customer satisfaction. Thank you
In 'normal circumstances' for example if you are being made redundant you can expect the employer to offer you any other jobs that are suitable and available at the time. Failure to do so could result in a y resultant dismissal being unfair or you could alternatively resign and claim constructive dismissal. However, neither options are available to you due to your length of service so in these circumstances the employer is free to do as they wish because their actions cannot be legally challenged as you do not meet the minimum criteria for taking the matter further.
Does this clarify your position a bit more?