Hi,a quickie here....
I am on a 30 hr contract and started the same time as other p/timers on the same contract.If Royal Mail was to get shot of some of us who would they chose to stay and who goes?If all of us have no sickness no lateness no trouble at all...Can they just chose,and if they did would there be grounds of discrimination?
Thanks for any help
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Who Goes
-
fishtank
- Posts: 19732
- Joined: 28 Sep 2007, 17:22
- Gender: Male
-
fishtank
- Posts: 19732
- Joined: 28 Sep 2007, 17:22
- Gender: Male
Re: Who Goes
In the unlikely event that your services were no longer required they would give you notice(probably 4 weeks) that your contract would not be renewed.
If all of you started on the same day it could be anyone or all of you.
After 12 months employment you can claim unfair dismissal.
After 2 years you are entitled to redundancy.
10.5 Termination Of Temporary Employment Contracts Procedure
Following the introduction of the Dispute Resolution Regulations on 1st October 2004, there is now a new procedure to follow to ensure consultation with employees whose fixed term employment contracts are to be terminated or due to expire. This procedure does not apply to casuals, situations where the contract is coming to an end because the employee cannot continue to work without breaching a legal duty or restriction (e.g. his/her work permit or visa will expire), or when the termination is part of a collective redundancy exercise.
Initially you will need to write to the employee and invite them to a meeting to discuss the reasons behind the termination of their contract. As part of the Dispute Resolution Regulations, the employee has a right of appeal against your decision. It is important that you follow this procedure, as failure to do so will result in the dismissal
being automatically unfair.
Don’t forget that you will still also need to comply with general principles of fairness, including seeking alternative work.
Please follow the steps outlined below prior to terminating an employee on a temporary contract
People & Organisation Services will e-mail Line Managers approximately 6 weeks prior to an employee's contract expiry date. In plenty of time before the date on which the contract is due to come to an end, the following steps need to be followed:
Step One (Statement of grounds for intended dismissal and invitation to meeting)
1. The manager sends a letter in the form of Letter A to the employee inviting him/her
to a meeting to discuss the reasons behind the termination of the contract. The reasons
why termination of employment is being contemplated must be set out in that letter.
2. Prior to the meeting the manager will have considered whether there is a possibility
for the employee continuing in employment with Royal Mail Group plc if that is what the
employee would like, in accordance with general resourcing policies.
Step Two (Meeting)
3. A meeting must be arranged to discuss the matter at a reasonable time and location
and with reasonable notice.
4. The employee is entitled to be accompanied at that meeting by a Union
representative or a work colleague from within Royal Mail Group plc. The work colleague
should not be geographically remote from you.
5. The purpose of the meeting is to discuss the intended termination of employment
and consider any issues raised by the employee in this respect, including suggestions as
to how it might be possible to continue to employ him/her.
6. The employee must take all reasonable steps to attend the meeting.
7. After the meeting, and having considered all that the employee has said, the
employer must inform the employee of his/her decision in writing and of the right to
appeal against that decision (see Letter B).
Step Three (Appeal)
8. If the employee wishes to appeal he/she must inform the relevant manager.
9. If the employee exercises his/her right to appeal, he/she must be invited to attend a
meeting to be held by the next-in-line manager (Letter C).
10. The employee is entitled to be accompanied at that meeting by a Union
representative or a work colleague from within Royal Mail Group plc. The work colleague
should not be geographically remote from you.
11. The purpose of the meeting is to reconsider the decision made at the first meeting
and decide whether the decision is unfair, new evidence has come to light or whether
the procedure was not followed correctly.
12. The employee must take all reasonable steps to attend the meeting.
13. After the meeting, and having considered all that the employee has said, the manager who heard the appeal must inform the employee of the final decision in writing
(see Letter D)
If all of you started on the same day it could be anyone or all of you.
After 12 months employment you can claim unfair dismissal.
After 2 years you are entitled to redundancy.
10.5 Termination Of Temporary Employment Contracts Procedure
Following the introduction of the Dispute Resolution Regulations on 1st October 2004, there is now a new procedure to follow to ensure consultation with employees whose fixed term employment contracts are to be terminated or due to expire. This procedure does not apply to casuals, situations where the contract is coming to an end because the employee cannot continue to work without breaching a legal duty or restriction (e.g. his/her work permit or visa will expire), or when the termination is part of a collective redundancy exercise.
Initially you will need to write to the employee and invite them to a meeting to discuss the reasons behind the termination of their contract. As part of the Dispute Resolution Regulations, the employee has a right of appeal against your decision. It is important that you follow this procedure, as failure to do so will result in the dismissal
being automatically unfair.
Don’t forget that you will still also need to comply with general principles of fairness, including seeking alternative work.
Please follow the steps outlined below prior to terminating an employee on a temporary contract
People & Organisation Services will e-mail Line Managers approximately 6 weeks prior to an employee's contract expiry date. In plenty of time before the date on which the contract is due to come to an end, the following steps need to be followed:
Step One (Statement of grounds for intended dismissal and invitation to meeting)
1. The manager sends a letter in the form of Letter A to the employee inviting him/her
to a meeting to discuss the reasons behind the termination of the contract. The reasons
why termination of employment is being contemplated must be set out in that letter.
2. Prior to the meeting the manager will have considered whether there is a possibility
for the employee continuing in employment with Royal Mail Group plc if that is what the
employee would like, in accordance with general resourcing policies.
Step Two (Meeting)
3. A meeting must be arranged to discuss the matter at a reasonable time and location
and with reasonable notice.
4. The employee is entitled to be accompanied at that meeting by a Union
representative or a work colleague from within Royal Mail Group plc. The work colleague
should not be geographically remote from you.
5. The purpose of the meeting is to discuss the intended termination of employment
and consider any issues raised by the employee in this respect, including suggestions as
to how it might be possible to continue to employ him/her.
6. The employee must take all reasonable steps to attend the meeting.
7. After the meeting, and having considered all that the employee has said, the
employer must inform the employee of his/her decision in writing and of the right to
appeal against that decision (see Letter B).
Step Three (Appeal)
8. If the employee wishes to appeal he/she must inform the relevant manager.
9. If the employee exercises his/her right to appeal, he/she must be invited to attend a
meeting to be held by the next-in-line manager (Letter C).
10. The employee is entitled to be accompanied at that meeting by a Union
representative or a work colleague from within Royal Mail Group plc. The work colleague
should not be geographically remote from you.
11. The purpose of the meeting is to reconsider the decision made at the first meeting
and decide whether the decision is unfair, new evidence has come to light or whether
the procedure was not followed correctly.
12. The employee must take all reasonable steps to attend the meeting.
13. After the meeting, and having considered all that the employee has said, the manager who heard the appeal must inform the employee of the final decision in writing
(see Letter D)
good times, bad times you know I've had my share
-
MinisterofCucumber
- Posts: 806
- Joined: 15 Dec 2009, 22:18
- Gender: Male
Re: Who Goes
MTSF doesn't apply to fixed term contracts but why shouldn't they apply the same criteria?
A review to measure agreed objective criteria should be instigated.
You are not permanent but you are still a human being with human rights.
A review to measure agreed objective criteria should be instigated.
You are not permanent but you are still a human being with human rights.
"You wanna f**k with me? Okay. You wanna play rough? Okay. Say hello to my little friend!" - Tony Montana