Contract Termination - No official documentation recieved

[Sanjayrocks]

Dear all,

What is the normal procedure of contract termination. My colleague was told today by his current RM office Manager that his contract will be terminated today onwards.(His initial contract will expire today but he has already received two contract extensions one month back)
He works 25 hours per week 3 months contract which commenced on December 2013. But he contract was extended till September 2014.
Reason: He failed the changeover and RM needs driver postman. He was transferred to another smaller RM office because he did not pass the Changeover and the new office has trolley work and did not required driving( That was the reason he was given when he asked why he was transferred)

Can the RM act this way to terminate the contract without prior notice? Just verbally? He has not received any official documentation from RM regarding the contract termination.

What can he do? He is a member of the RM union.

Thank you in advance

[Pat Ostman]

Certainly inform the union. From what I've read they should at least honour the contract extension although the CWU will know best.

[Sanjayrocks]

Thanks for the reply
more feedback is appreciated from other members too

Thank you

[Darren Bent]

Don't think verbal termination count in Royal Mail without paperwork. But not 100% sure though.

[hampshireman]

Don't think verbal termination count in Royal Mail without paperwork. But not 100% sure though.

Surely verbal can get you off the premises...It would normally be for gross misconduct.

But ; this is not Gross Misconduct. So, just verbal does not hold any sway.

So, they are wrong.

[rehabron]

Under a temporary contract a period of notice is required in writing notifying the employee that the temporary contract is being terminated unlike a fixed term contract which has a date of termination unless extended. RM issued additional temporary contracts up to September 2014 even when the life of the original temporary contract had not expired and this contract will in effect supersede the original temporary contract giving a termination date of September 2014. If your colleague is now no longer working for RM they are in breach of contract and can be assumed as a dismissal. You also state that this colleague was transferred to another office for failing the changeover to driving duties I was under the impression that a first time failure in the driving assessment that there was a further opportunity to be reassessed. As a member of the union your colleague should have been notifying your union rep immediately.

[Sanjayrocks]

Hi,


Thank you for the reply.

1) How can the colleague work for RM when he was not asked to come to work?
2) He has contacted royal mail HR and royal mail customer service(employment) and they have not received any info regarding the termination of contract.
3) He was informed about the termination on last saturday(he worked that day-his last day) and he has informed the union first thing in the morning today.

What can he do?

[Sanjayrocks]

Under a temporary contract a period of notice is required in writing notifying the employee that the temporary contract is being terminated unlike a fixed term contract which has a date of termination unless extended. RM issued additional temporary contracts up to September 2014 even when the life of the original temporary contract had not expired and this contract will in effect supersede the original temporary contract giving a termination date of September 2014. If your colleague is now no longer working for RM they are in breach of contract and can be assumed as a dismissal. You also state that this colleague was transferred to another office for failing the changeover to driving duties I was under the impression that a first time failure in the driving assessment that there was a further opportunity to be reassessed. As a member of the union your colleague should have been notifying your union rep immediately.

Hi,


He failed this changeover but never given a second chance. Also he was asked to drive the Big van(a first time for him) and others given the small vauxhall combo which is would have been easier for him to drive as he only driven a car before.
So they transferred him to new place as they said new deliver office needs someone to use trolley and no driving needed.

Regarding your statement "If your colleague is now no longer working for RM they are in breach of contract and can be assumed as a dismissal." how can he come to work when he was asked not come as his contract expired. - All verbally said. No official documentation and RM HR department/RM contact center has no idea about his contract termination/information.

Thank you

[rehabron]

I can't believe that your colleague has left it to the last minute on his present circumstances and as a member of the union this should have been brought to their attention long before this. You have basically answered your own question that he has been informed verbally not to come in although according to you HR department have no record of the termination of his contract and that says it all. This abrupt termination sounds fishy to me and trust that there is no other reasons for him being informed of the termination. In this situation and not knowing what he has been advised by the local union rep and would be telling this colleague to turn up for work as normal and inform the rep that he is reporting for work as normal and see what action the manager takes as he his still technically on the books without any confirmation in writing that he is not.

[Sanjayrocks]

Thanks for the reply.

My colleague was told about this termination on 15th march(saturday) He called the union today morning.
Even the HR department send him an email stating that he should get the clarification from the manager as they dont have details about his contract termination just that his contract is still valid till september 2014.
He will speak to the manager tomorrow and see his response and also he is waiting for the response from the union as well.

** Or should he report to work tomorrow and update his delivery office manager about this situation and ask him to let him work as normal?

Thank yo in advance

[Sanjayrocks]

Thanks for the reply.

My colleague was told about this termination on 15th march(saturday) He called the union today morning.
Even the HR department send him an email stating that he should get the clarification from the manager as they dont have details about his contract termination just that his contract is still valid till september 2014.
He will speak to the manager tomorrow and see his response and also he is waiting for the response from the union as well.

** Or should he report to work tomorrow and update his delivery office manager about this situation and ask him to let him work as normal?

Thank yo in advance

[meggie]

May i ask how you know so much about your friend,how do you know he is telling you the truth?
I dont think its your friend at all i think its you? Also there seems to be more to this than we know

[Sanjayrocks]

May i ask how you know so much about your friend,how do you know he is telling you the truth?
I dont think its your friend at all i think its you? Also there seems to be more to this than we know

Hi,

He is my cousin. Known him for a long time . Very close ties. Even I was the one introduced him to RM(First Xmas temp mail sorting job then next year postman job)

He is not lying. Nothing to hide. Anyways he will be going to meet the manager and clarify this matter. Also the union has promised to look into this matter.

Thanks

[TrueBlueTerrier]

May i ask how you know so much about your friend,how do you know he is telling you the truth?
I dont think its your friend at all i think its you? Also there seems to be more to this than we know

Does it matter the advice given will not change, and even if he was the person this happened to he is entitled to post as much or as little about it as he wants.

We have a culture on here of respecting peoples privacy, and not trying to "out" them, in doing so that means accepting at face value what people post. Hope you understand.

[meggie]

May i ask how you know so much about your friend,how do you know he is telling you the truth?
I dont think its your friend at all i think its you? Also there seems to be more to this than we know

Does it matter the advice given will not change, and even if he was the person this happened to he is entitled to post as much or as little about it as he wants.

We have a culture on here of respecting peoples privacy, and not trying to "out" them, in doing so that means accepting at face value what people post. Hope you understand.

Read and understood