FTC coming to end but work never will

[missgruntled]

Hi folks
Nearly a year ago I was forced to sign FTC. I was threatened with termination then given a letter saying so. At that point I had been working for company 1.5 yrs and crucially started PRE APRIL 2012. So therefore had protection against unfair/ constructive dismissal. Yet they still threatened me. They actually said' and where do you think trying to go for unfair dismissal will get u? Do u know how hard it is?' All 50% of workers all doing exact same job were given these ftcs and the companies reason? In clear lettering it stated anyone with less than 2 yrs service would now be on and ftc.

The changes were not divulged beforehand, ni discussion just a big surprise. Handed out with approx 12 days before sign date ( including 2 weekends...no time to get real advice) It was a shock. I did speak to acas and got to see a rather inept c.a.b worker.

I had to sign or lose my job. Lose it then or now..1 yr later. I signed under duress. It was intimated the contracts would b renewed. It was hushed common knowledge. Yet there is nothing being discussed openly and nothing on paper.

This work is ongoing always will be. Unless the company is secretly for sale or downsizing the work never ends.The usual reasons for ftc were not the reasons they created these ftcs. It was as said ' anyone with less than 2 yrs service' which according to acas means nothing. Is not a valid reason.

Can anyone see from my perspective what to do now and also how can the company get away with removing us when the work is ongoing? They cant select either based on figurs as they dont openly assess or review our productivity individually. Can they tetminate then reinstate a select few? Its very frustrating being kept in the dark and used. This FTC excuse is rubbish and creates a dreadful held to ransom employer/ employee relationship

[Johnboy007]

Re: FTC coming to end but work never will

Hi,
Have you still got the letter threatening dismissal if you didn't sign?
Did you actually sign the contract 'under distress'?
A company can dismiss an employer who has worked for the company for less than two years, without giving a reason.
They can then re- employ them on a FTC.
Anyone who has worked for more than two years, or Pre April 2012, then the company can dismiss the employee, but must give a reason.
If the reason given is unreasonable, then the employee can complain to a tribunal.

In your case, if you still have the letter, and you did indeed sign the FTC 'Under Duress', then you have a valid claim against the company. Any contract signed under duress is not valid.
Any chance you can post the letter and your copy of the contract if you still have them, obviously omitting personal details.
You can copy and paste them in a private message if you prefer.
Sorry for the delay in what must be a frustrating time for you.

[mariefab]

Re: FTC coming to end but work never will

Your employer's strange behaviour in issuing these FTCs could be because they were/are under the mistaken impression that doing so prevented you from 1) acquiring full employment rights and 2) would enable them to simply say farewell to anyone on an FTC at the end date.

1) Was there a complete break in employment of at least a week (nearly a year ago) between when you were on your old contract and the date that the FTC started?
Don't count holidays, sickness etc.
I mean at least a week between the contracts when you were not employed at that company at all.

If not, you have continuous employment with the company from your original start date and full employment rights. The FTC has no effect in this regard.

2) The expiry of a fixed term contract without renewal is a dismissal.
But that is all that it is; just a dismissal.
It is NOT a reason for dismissal.
This is mistake that has been made by employers before.
i.e. 'The reason for the dismissal was the expiry of the fixed term.'
Tribunals, the EAT and the Court of Appeal have shown employers the error of their ways.

Here's the short version:
For a dismissal to be fair an employer needs to evidence 4 things.
1. That there was a dismissal.
2. The reason for the dismissal.
3. That the reason was within s.98(2) of the ERA 1996
i.e. conduct, capability, redundancy, legal restriction or SOSR.
4. That the employer acted reasonably in treating 2. as sufficient reason to dismiss.

The expiry of an FTC only covers 1.

[mariefab]

Re: FTC coming to end but work never will

P.S. Let us know if you want the relevant statutes and/or case law to back this ^ up.

[Johnboy007]

Re: FTC coming to end but work never will

The issue here is not the dismissal or the FTC, but the threat to dismiss if an FTC was not signed.
This is not allowed and the signed contract if done under duress or threats, would make it null and void.
An existing contract can only be altered with the consent of both parties, I emphasise the word CONSENT.
It is not strange behaviour by the employer, it is damn right unlawful behaviour.

[mariefab]

Re: FTC coming to end but work never will

Johnboy, I agree with you.
As you were already dealing with that issue I just thought I'd reassure missgruntled that the FTC hadn't affected her employment rights and that her employer couldn't simply say adios when it expires.

[Johnboy007]

Re: FTC coming to end but work never will

Johnboy, I agree with you.
As you were already dealing with that issue I just thought I'd reassure missgruntled that the FTC hadn't affected her employment rights and that her employer couldn't simply say adios when it expires.

Hi Marie,
I wasn't having a dig at you......
These bloody employers really get at me when they do this sort of thing.
Glad you commented with the legal stuff.......
Best wishes
John

[missgruntled]

Re: FTC coming to end but work never will

Thank you so much for your replies Johnboy and Mariefab. Very grateful. I still have the letter certainly. I will find it and message them on. No Mariefab I have never had any break in employment by them in 2.7 yrs. I have had 5 separate sick days. Its all very fishy isnt it and I cant see how they can dream of getting away with it but I think they will try.

[mariefab]

Re: FTC coming to end but work never will

Unfortunately some employers rely on their employees being as unfamiliar with employment law as they are.
If they try anything; let us know asap.

[missgruntled]

Re: FTC coming to end but work never will

Hello again. Checking in with an update. Well 2 wks ago they employed another person and this week they started yet another. Timing is key here as the end of month and thus end of contracts is looming. Those of us on these FTCs are twitching. There are not enough hours to go around without 1 or 2 being dismissed. As yet not a word about where we stand. Not a word. That in itself is underhand. People have lives to live, billls to pay. No one really believes we can be dismissed as the work is ongoing unyet with the arrival of the 2 new (and experienced) staff that has changed the situation. We are scared to ask them and really they should be forthcoming. What a way to treat people hey :tinysmile_cry_t: Is there anything I should b doing? Noting new staff hours? Photographing the list that shows the order of employees by start date? Sorry John will send letter to u asap.