Policies & Procedures - dismissal (non-renewal of contract)

[Bookly]

Hi there.

Can someone point me in the right direction please? I need to have a look at the procedures that should be followed before someone is dismissed.

Basically, I'm at the end of a 6-month temporary contract and have been told it won't be renewed because I'm "not the quickest". Having done some basic research, I realise this amounts to unfair dismissal, and up to this point I hadn't ever been told I'm too slow, or had any sort of appraisal or feedback in my 6 months. The "we're not renewing your contract" chat took place without anyone else present. He said I was otherwise great - good timekeeping, always do everything asked of me, flexible, etc. I also don't think I'm the slowest in the office - I know I've had to wait on loops many a time for someone to pick me up.

I need to know what should have happened (in the case that I really was unsuitable for the job - which I don't think I am) so I can present my case to personnel to begin with.

Any help or advice would be much appreciated.

[2pints]

Union rep?

[Bookly]

Thanks 2pints, that is first on my list this morning!

[IcanthelpthewayIam]

If at the end of your first 6 month contract and it's not renewed it's not a "dismissal" unfortunately and you do not have the right to claim unfair dismissal

There is no obligation for rm to renew your contract and also there is no compulsion to even give you a reason why it's not being renewed

Coming into summer time is generally the time when temp contracts are not renewed, managers often do it to enable savings on budgets by trying to get staff to cover your duty on lapsing

[rehabron]

Hi there.

Can someone point me in the right direction please? I need to have a look at the procedures that should be followed before someone is dismissed.

Basically, I'm at the end of a 6-month temporary contract and have been told it won't be renewed because I'm "not the quickest". Having done some basic research, I realise this amounts to unfair dismissal, and up to this point I hadn't ever been told I'm too slow, or had any sort of appraisal or feedback in my 6 months. The "we're not renewing your contract" chat took place without anyone else present. He said I was otherwise great - good timekeeping, always do everything asked of me, flexible, etc. I also don't think I'm the slowest in the office - I know I've had to wait on loops many a time for someone to pick me up.

I need to know what should have happened (in the case that I really was unsuitable for the job - which I don't think I am) so I can present my case to personnel to begin with.

Any help or advice would be much appreciated.

As you are on a 6 month temporary contract which is close to ending then as ZX has stated you would not have a case for a complaint of unfair dismissal and duties are lapsed within the summer period due to a downturn in mail volumes. what concerns me is that you have been informed by your manager that your contract is not to be renewed and the reason given is that in this manager's opinion for the reason that you are " not the quickest" and not for any other reason and therefore could be a personality clash between you and this manager and his determination of you being " not the quickest" is not supported by any one to one meetings if you were falling below the standard required and this should be your argument when you contact your union rep.
Are the others within your unit on temporary contracts which are not being renewed ?
Might be advisable accompanied by your union rep to take your situation to a higher manager within your office.
Nothing ventured nothing gained.

[Bookly]

Many thanks for your feedback. It's not simple case of non-renewal of contract without a reason - I've worked beyond the end of my contract (and in that period been asked to come in extra days for overtime) and I've been given a reason which hasn't been backed up by any appraisals, reviews or anything. Nobody has ever told me I need to get quicker. I'm admit I'm not the quickest, but I'm also not the slowest in the office (not that it should be a race, as long as the job gets done, and usually within time).

The patronising comments about the work being hard, the bags being heavy, mail getting heavier in the winter (I started before last Christmas so I know that) and some walks being harder than the ones I've been on suggests there may be some discrimination going on - I'm a small, older female (probably older than his mum) and I get the impression he thinks I can't cope but as far as I can see there isn't any evidence for that. He was very nice about it, told me I had been great in every other way - punctual, flexible, reliable and even offered me a reference!

There is someone else who started at the same time as me and who has been offered a permanent contract.

[jimmynailsalive]

Are there any vacancies in other areas close enough for you to travel to?

As others said rm probably don't need to give you a reason but if there are vacancies elsewhere that you are prepared to travel to then it would be worth pursuing for a transfer?

Good luck


Might also be worth looking at the ratio of female to males and use the old discrimination against the fairer sex if it's a mainly male office

[2pints]

Even though it is a fixed term contract they still have to prove the work is not there for you so make sure you go your ofice rep,failing that your area rep.Your rep should at the very least be able to get you transfered to another office.

[IcanthelpthewayIam]

Even though it is a fixed term contract they still have to prove the work is not there for you so make sure you go your ofice rep,failing that your area rep.Your rep should at the very least be able to get you transfered to another office.

Unfortunately there is no legal need to prove that, it is legally as simple as we are ending your employment and that's that. unless she feels discrimation under grounds of the equalities act she basically has no recourse on this apart from trying to get rep to plead her case to be kept on

[IcanthelpthewayIam]

Many thanks for your feedback. It's not simple case of non-renewal of contract without a reason - I've worked beyond the end of my contract (and in that period been asked to come in extra days for overtime) and I've been given a reason which hasn't been backed up by any appraisals, reviews or anything. Nobody has ever told me I need to get quicker. I'm admit I'm not the quickest, but I'm also not the slowest in the office (not that it should be a race, as long as the job gets done, and usually within time).

The patronising comments about the work being hard, the bags being heavy, mail getting heavier in the winter (I started before last Christmas so I know that) and some walks being harder than the ones I've been on suggests there may be some discrimination going on - I'm a small, older female (probably older than his mum) and I get the impression he thinks I can't cope but as far as I can see there isn't any evidence for that. He was very nice about it, told me I had been great in every other way - punctual, flexible, reliable and even offered me a reference!

There is someone else who started at the same time as me and who has been offered a permanent contract.

regardless of you working beyond d the end of the fixed term contract it has not broached two years so it is just a simple as them letting you go, there is no legal need to back up the reason with appraisals or reviews etc you were on a fixed term contract royal mail have now ended it. They don't need to do anything to justify it unless you are claiming discrimination under the equalities act

[Bookly]

I hadn't thought about a transfer - that's worth looking into, thanks.

It definitely feels like discrimination.

Union rep is on holiday at the moment!!

[IcanthelpthewayIam]

I hadn't thought about a transfer - that's worth looking into, thanks.

It definitely feels like discrimination.

Union rep is on holiday at the moment!!

o what grounds do you think it's discrimination? manager had two people taken on on same day he has let you go because he felt you were slow, unfortunately from that info I can't see any discrimination

[aiden01]

I hadn't thought about a transfer - that's worth looking into, thanks.

It definitely feels like discrimination.

Union rep is on holiday at the moment!!

o what grounds do you think it's discrimination? manager had two people taken on on same day he has let you go because he felt you were slow, unfortunately from that info I can't see any discrimination

maybe not discrimination but why pay someone off as op said if they usually finnish within their time

[TrueBlueTerrier]

https://www.gov.uk/fixed-term-contracts ... m-contract" onclick="window.open(this.href);return false;

3. Renewing or ending a fixed-term contract
Ending a fixed-term contact

Fixed-term contracts will normally end automatically when they reach the agreed end date. The employer doesn’t have to give any notice.
If a contract isn’t renewed

This is considered to be a dismissal, and if the employee has 2 years’ service the employer needs to show that there’s a ‘fair’ reason for not renewing the contract (eg, if they were planning to stop doing the work the contract was for).

Workers have the right:

not to be unfairly dismissed after 2 years’ service - for employees who were in employment before 6 April 2012, it’s 1 year’s service
to a written statement of reasons for not renewing the contract - after 1 year’s service

They may be entitled to statutory redundancy payments after 2 years’ service if the reason for non-renewal is redundancy.
If the employer wants to end the contract earlier

What happens depends on the terms of the contract. If it says:

nothing about being ended early, the employer may be in breach of contract
it can be ended early, and the employer has given proper notice, the contract can be ended

Minimum notice period

Fixed-term employees have the right to a minimum notice period of:

1 week if they’ve worked continuously for at least 1 month
1 week for each year they’ve worked, if they’ve worked continuously for 2 years or more

These are the minimum periods. The contract may specify a longer notice period.

If an employer ends a contract without giving the proper notice, the employee may be able to claim breach of contract.
Working longer than the contract’s end date

If an employee continues working past the end of a contract without it being formally renewed, there’s an ‘implied agreement’ by the employer that the end date has changed.

The employer still needs to give proper notice if they want to dismiss the worker.

Example
If a contract was for 1 month but the employee actually worked for 3 months, they’d still be entitled to the minimum notice period (1 week).
The limit on renewing a fixed-term contract

Any employee on fixed-term contracts for 4 or more years will automatically become a permanent employee, unless the employer can show there is a good business reason not to do so.

However, an employer and unions (or a staff association) may make a collective agreement that removes the automatic right to become a permanent employee in these circumstances.
Renewing a fixed-term contract on less favourable terms

If an employer wants to do this, the employee can negotiate with them to reach an agreement.

If the contract ends and they have been unable to reach an agreement, the employee may be able to claim unfair dismissal.

[jimmynailsalive]

I hadn't thought about a transfer - that's worth looking into, thanks.

It definitely feels like discrimination.

Union rep is on holiday at the moment!!

o what grounds do you think it's discrimination? manager had two people taken on on same day he has let you go because he felt you were slow, unfortunately from that info I can't see any discrimination

Question is what constitutes discrimination, are rm allowed to just keep all 20-30 year olds and dump every female and over 40 that they take on for a busy period?

BY all accounts the OP doesn't have a leg to stand on in being released after 6 months BUT she may feel the depot does discriminate in favour of young males and then there MAY be an avenue for someone to put pressure on the DOM there that they will pursue this and she may get a chance of her job back.

All if buts and maybes but I'm sure we are all here trying to give her some hope.