HR lied - contract terms - what can we do?

[gti tim]

Bit of a problem. The wife has just started a new position. She applied for, was interviewed for, and has accepted a part - time role on a permanent basis.

She got her contract though the post this week, having already commenced employment in the role on Monday. Having read the contract, it states the position is for a fixed term of 18 months.

She has raised this with her line manager, as have I (I work for same organisation), and he has said that it was a mistake. The role was advertised as permanent, when it should have been fixed term.

The wife telephoned HR, who said NO - it was definitely advertised as fixed term - which we know to be a downright lie. They have told her to sign the contract given - i.e 18 month fixed term.

We didn't keep copies of the vacancy as it was seen and applied for online, however, i know it was advertised in the local press.

Does she just sign the contract, or can we appeal this in any way, as she wouldn't have gone for the job if she had known it was fixed term, as she has been made redundant this year, and wanted a secure future (this organisation doesn't EVER do redundancy). Had she known it was fixed term, she would have looked elsewhere.

Can we appeal this other than to HR, who will clearly just lie about it as proved already??

[bonsai]

Assuming this was advertised in some publications then if I was in your position I would contact the publishers and ask for a copy of the advert proofs. No need to be deceptive about this, you can say you're from the company, since you are, and that'll be a place to start anyway.

Not really sure where you intend to take this however, I hardly expect HR to respond "oh yes, our mistake, let me just change the role to a permanent one..."

Good luck, sounds like a st situation.

[gti tim]

The role is one which someone else has been doing exactly the same as the wife for 19 years, on a permanent contract. However, there is a potential for the role to be redundant due to legislation changes, hence why I think they advertised it on fixed term.

They said to the wife on the phone - 'Don't worry. Nearer the end of contract, if any other job roles come up you get first refusal'

Think it will be a bit of a battle, but we want the contract changing to permanent in order to safeguard the wife's position, and therefore the pension scheme she joined will not be pointless.

Edited by gti tim on Thursday 8th October 16:46

[Engineer1]

I'd say it is a contract for 18 months, unless she quit a better job to move to it take the job work hard and well then see how things pan out in 15 -16 months time, after all it is a job and a pay cheque.

[blueg33]

If you can demonstrate that the job was offerred and accepted as permanent then you have a slim chance under employment legislation, but it may wind up your employer. Why not accept the 18 month contract and look for another job, you have 18 months to find one, or prove to HR that it was advertised as permanent and then try get more money to make up for the fixed term.

[Kermit power]

Given that an employer can get rid of a new permanent employee at any point in their first year pretty much on a whim, I'd suggest she has, if anything, more security for the next 18 months than she would've had on a permanent contract.

If it were me in the situation, I'd sign the contract, but also start looking for another job. When I found one, I'd go to my line manager and HR and invite them to turn the fixed-term contract into a permanent one. If at that point they still declined, then I'd walk away and take the new job.

As I see it, your wife can look at it in one of two ways. She can either worry about losing her job in 18 months from now, or she can smile at the fact that she has 18 months of financial security in which to find the perfect role elsewhere.

[gti tim]

Know exactly what you mean about job security etc, going to speak with HR next week, see what they say, and take it from there. Thing is the job is something that she is now training for, and will no doubt enjoy, however, we will see what comes of it all.

[escargot]

Kermit power said:

Given that an employer can get rid of a new permanent employee at any point in their first year pretty much on a whim, I'd suggest she has, if anything, more security for the next 18 months than she would've had on a permanent contract.

If it were me in the situation, I'd sign the contract, but also start looking for another job. When I found one, I'd go to my line manager and HR and invite them to turn the fixed-term contract into a permanent one. If at that point they still declined, then I'd walk away and take the new job.

As I see it, your wife can look at it in one of two ways. She can either worry about losing her job in 18 months from now, or she can smile at the fact that she has 18 months of financial security in which to find the perfect role elsewhere.

Do this.

If you continue to kick up a fuss, they'll just pot her anyway.

[gti tim]

Update - it appears they did exactly the same thing to the other person employed at the same time but for a second, identical ( but full-time ) role.

He has since spoken with the union he has just joined, who have contacted HR, highlighted their error and he now has a full-time permanent contract. Having spoken to several line managers and union reps (as mentioned I work for the same organisation in a different role) and the conclusion is that it is their mistake, they know it and are trying to bluff it out.

Shall be speaking directly to the union on monday, and taking whatever advice they give from now on in.