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  • #16
    Hi again Ula

    Just a quick update. So the company produced a contract without the need for the dsar.

    However one particular clause was a backdating provision to say that I agreed to enter into a trial, that would finish 3 days after the date of the contract being created.

    I asked for clarification of terms on their good faith, uberrimae fidie. There was no response. I was then sent into a meeting room with my collegue whom I share the trial with and was told that he was successful and I was not.

    i asked on what basis did he deduce that I wasnt successfull and he would not answer me. I presume that because I had pushed for the contract he has now dismissed me from the trial, as he explicitly said "you need to realise that you are not calling the shots".

    A DSAR is ready and a greivance for unfair dismissal, but I suppose I have to weigh it up. I still hve my primary role and 1 additional role, however I still share this additional role with the other collegue so I am still without my own seperate role.

    What are my options.


    • #17
      If the company was following a fair trial job process and there were two candidates then you should both have been aware of this from the start, been provided with full details of the role, and the assessment criteria that was being used to judge successful trial outcomes. During the period you should have both been subject to a review as to how you were progressing and whether there were any areas for improvement to help you to be successful. At the conclusion of the trial there should have been a meeting with you individually to go through the assessment criteria and then let you know whether you had been successful or not. That would have been the best practice way they should have conducted this process in my opinion. The fact you asked for your contract should have been irrelevant in their decision as to whether you could perform the job.

      However that is not what the company have done and m
      y questions back to you is what do you want to achieve?

      From what you have said although you can submit a DSAR and the grievance, which would be about the process under which the trail was determined not being fair, rather than unfair dismissal from the trial, I am not sure that would achieve a positive outcome for you. As you say you still have the roles you have outlined and you have to consider whether it would be worth speaking to your manager about opportunities for potential progression within the company and try and move on from what has happened. That may be a starting point and if that is not received positively then you have a decision to make as to whether you want to stay or look elsewhere for a role that is clearly defined, is your own role and allows for progression.
      I do my best to provide good practical advice, however I do so without liability.
      If you have any doubts then do please seek professional legal advice.

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      • #18
        It is so hard to look at the positives when I know that the results of the trial have been influenced by myself attempting to stand up for what I believe to be the right thing. I find it hard to believe that the trial concluded on even ground.

        But, I have indeed acquired a contract that indicates my additional role and the preservation of its payments, so that is a plus.


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