Reply to: Permie to Contract

[NotAllThere]

Yes.

[NickFitz]

Constructive dismissal
If you feel that you are being forced out of your job or your employer is acting in such a way that you have no option other than to leave, you may be able to bring a claim of constructive dismissal. Constructive dismissal is where you, as the employee, resign because of an action by your employer which makes you believe that it is impossible for you to carry on working.

When I was permy I had an employer start to sack me, but I interrupted him to tell him I'd decided to resign.

Does that count?

[vetran]

If they haven't supplied paperwork :

http://www.compactlaw.co.uk/monster/empq6.html

If they threaten a bad reference remind them of constructive etc dismissal and libel laws. If you have or can get the threat in writing then take them to the cleaners.

Employers like this should pay!

[SueEllen]

but you have to have the qualifying period for an unfair dismissal, as otherwise yoiu have no claim for compensation. (and this is not the only reason why this suggestion is not going to work)

tim

Which is why the dismissal is "wrongful" rather than "unfair".

I never said it was not "constructive"

[tim123]

Constructive dismissal
If you feel that you are being forced out of your job or your employer is acting in such a way that you have no option other than to leave, you may be able to bring a claim of constructive dismissal. Constructive dismissal is where you, as the employee, resign because of an action by your employer which makes you believe that it is impossible for you to carry on working.

but you have to have the qualifying period for an unfair dismissal, as otherwise yoiu have no claim for compensation. (and this is not the only reason why this suggestion is not going to work)

tim

[Sockpuppet]

If you're ever bored, and a bit short of cash, try raising unfair "constructive" dismissal cases against them.

Nah, they were all constructive.

[Platypus]

If you're ever bored, and a bit short of cash, try raising unfair "constructive" dismissal cases against them.

It's actually wrongful dismissal you mean

Constructive dismissal
If you feel that you are being forced out of your job or your employer is acting in such a way that you have no option other than to leave, you may be able to bring a claim of constructive dismissal. Constructive dismissal is where you, as the employee, resign because of an action by your employer which makes you believe that it is impossible for you to carry on working.

[bullseye]

Words from you guys really helped.

ok now latest updates.

I would working not more than a week. My boss also agreed to give the references.

Thanks

[bullseye]

Secondly, if they have refused to take you out of probation, what makes you think they will provide you with a glowing reference if you work a months notice anyway?

Tell him he has his week and you will see him in court with a libel case if he gives you a bad reference for observing the terms of your contract.

True.

[bullseye]

Have you a contract to move straight onto?

If so, have you talked dates? If not, what are your plans for getting work?

Thinking about the need to get 3 months money salted away and all of that to keep the wolf from the door……

If looking, post your location and what sort of work you are after – you never know your luck

Yes, I have discussed dates with an agent now.

[bullseye]

Thanks for all the help guys.

No, Dont have any holiday's accrued.

Will keep you all in loop with the next development

[51st State]

Haven't you got any holiday accrued that you could take as part of your notice period? If you've been there 6 months you should have a couple of weeks minimum.

Tell your boss you'll work the week - less holidays!

[SueEllen]

If you're ever bored, and a bit short of cash, try raising unfair "constructive" dismissal cases against them.

It's actually wrongful dissmissal you mean. http://www.compactlaw.co.uk/monster/empf15.html

Unfair dimissal only occurs when the person has been employed for a year.
http://www.compactlaw.co.uk/monster/empf1.html

[Platypus]

If you're ever bored, and a bit short of cash, try raising unfair "constructive" dismissal cases against them.

Indeed, not formally confirming the end of your probationary period could probably be construed as constructive dismissal given that (let's say) you feel obliged to leave and look elsewhere due to not having job security.

I would have thought that even a whiff of this would make your boss back down immediately.

[NotAllThere]

... I was fired from every permie job I ever had ...

If you're ever bored, and a bit short of cash, try raising unfair "constructive" dismissal cases against them.