Permanent Contract Issues

[RJH]

My fiancée works at a local, privately ran nursery.

When she went for an interview she was told she would be earning NMW + 50p, however upon commencing work, she has been put on NMW. Not a major issue.

She has a NVQ Level 3 in care, which is just over 5 years old.
Her 3 month probation at the nursery ended yesterday, and they have kept her on for another 3 months. However, they have now told her that she will not be offered a permanent contract until she enrols to complete an NVQ Level 3 in Child Care, so until this happens, they will just keep renewing the 3 month probation.

Where does she stand with this, because they employed her on the qualifications she already had, and there was no mention and no requirement for her to have to complete the Child Care NVQ in order for her to take her role up.

Please advise.

[sean5302]

Re: Permanent Contract Issues

Hello RJH.
Your fiancee was given a 3 month probationary period, which she seems to have completed satisfactorily.
Good news.
I hope they're thinking that she's just what they want and are trying to encourage her to take the NVQ3 in childcare.
Education is always good.
There's the other side though. Are they trying to keep her on a temporary contract, on the cheap?
Once she gets the NVQ3 in childcare, are they going to put another obstacle in her way?
Only you and she can answer this, really.
I'd suggest that she asks them to put into writing that they WILL offer her a permanent contract if she passes the new NVQ3.

I've just re-read what you wrote. You actually wrote: "enrols to complete an NVQ Level 3 in Child Care".
That sounds very good, if it's what you mean.
Does she just have to ENROL to get the permanent contract?
If so, tickety-boo.

[teaboy2]

Re: Permanent Contract Issues

I agree with What Sean says above.

Though have they put any of this in writing, such as is the temporary contract in writing and was their any written notice confirming they have extended her contract by 3 months etc?

Technically speaking, any term of employment offered/agreed verbally at the interview followed by a subsequent offer of employment forms a term of the employment contract (Likewise If she was not told the position was temporary at the interview or in the advert for the vacancy, then it is a permanent position - But seems she has agreed to it being temporary now anyway). Therefore if she was offered NMW + 50p with no clauses/conditions at the interview, then that is what she should be paid!