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HELP - Unfair re: contract
If you can please help with the following situation and let me know where we stand....
My fiancée started a job at a nursery in the local area on 21/01/2015.
Point 2 on the employment contract states that 'This position is subject to a satisfactory 3 month probation period which will be reviewed on 21/04/2015'
This review took place on said date, and my fiancée was told by one member of a 3 member 'acting' management team that the owner had now decided against offering her a permanent contract because she hadn't got an NVQ Level 3 in Child Care - She was offered the position with them being fully aware of her qualifications and there was no stipulation that she had to have this particular qualification in order to obtain the permanent contract.
She was also told that instead of offering the permanent contract, that they would offer her another 3 month probation period which hasn't been signed presently.
Shortly after this review, my fiancée spoke to the owner directly and the owner said that the 3 month probation that is clearly stated on the contract attached was actually a mistake and should be 6 months probation and that she isn't obliged to do the qualification.
A few questions I have at the moment, some I think I already know the answer to, but would like a more expert opinion:
Also, any further advice or pointers will be gratefully received.
Thanks in advance,
Rob
My fiancée started a job at a nursery in the local area on 21/01/2015.
Point 2 on the employment contract states that 'This position is subject to a satisfactory 3 month probation period which will be reviewed on 21/04/2015'
This review took place on said date, and my fiancée was told by one member of a 3 member 'acting' management team that the owner had now decided against offering her a permanent contract because she hadn't got an NVQ Level 3 in Child Care - She was offered the position with them being fully aware of her qualifications and there was no stipulation that she had to have this particular qualification in order to obtain the permanent contract.
She was also told that instead of offering the permanent contract, that they would offer her another 3 month probation period which hasn't been signed presently.
Shortly after this review, my fiancée spoke to the owner directly and the owner said that the 3 month probation that is clearly stated on the contract attached was actually a mistake and should be 6 months probation and that she isn't obliged to do the qualification.
A few questions I have at the moment, some I think I already know the answer to, but would like a more expert opinion:
- The contract was signed for by both parties on the basis it is a 3 month probation - can they now turn around and say that was a mistake and change it to 6 months (by offering a further 3 months probation? My thoughts are not being as though the contract is a legally valid document and signed for based on the T's and C's on there?
- With no paperwork signed to take my fiancée past 21/04/15, is it wise to take the extra 3 months probation offered (therefore making it supposedly OK that they have made a so-called 'mistake', or should she be seeking advice - have they gone against the legal employment contract?
- What are your thoughts on the so called 'mistake' of putting 3 months instead of 6 for the probation? It was never even mentioned until the 3-month review - and on that point, if it was usually 6 months probation, how did they know to complete the 3 month?
Also, any further advice or pointers will be gratefully received.
Thanks in advance,
Rob
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