Work question...

[Guest]

MY gf has just had a letter from her work saying that she needs to go see her boss about her absense from work, its a stage 2 absence review and she can bring a union rep or a colleague, the thing is, she has worked there 18 months and has only last week got her contract of employment, apparently thats normal as its the NHS, my question is how can she be put on a 2nd stage interview when she aint actually signed her contract of employment, so this process is null and void, the best thing i think the NHS trust can do is put her on stage 1 (again), how can they put her on stage 2 when she wasn't actually working under those terms and conditions of employment at the time....

she isnt in a union but has joined today, they cant help with anything in the first 13 weeks of joining. I am ringing acas tomorrow to see if they can help

any ideas?

 

[tris-]

has she ever been shown the terms of employment at any other point since starting there? also to note a contract doesnt have to be signed to show its been accepted. i only really know contract law in a business to individual sense (rather than employer > employee), it could be the same but i dont know by that i mean there maybe some legislation or something relating to employment contracts, but if there isnt then i can answer your question with a bit of confidence.

 

[Guest]

she saw it for the first time last week, the old matron left and when the new one started the gf asked for her contract and 2 weeks later she gets it, i really dont see how they can enforce something that shes not even seen or signed......

 

[tris-]

my opinion on it is that terms which were not brought to everyones attention before the contract started cannot be enforced in that contract.

just imo ofc.

if its any help to you a contract must have the following -

offer
acceptance
intention to create a contract (implied if its not between individuals)
consideration (usually money)

the offer being the NHS offering what ever and showing the terms there aswell

 

[Guest]

sounds like common sense to me....

 

[Pfy]

My work do all this too, MFA they call it (managewent for attendance). 2 instances of absence within 13 weeks results in 'stage 1', a further instance within 52 weeks results in 'stage 2' etc.

however, if my company fail to give written notice of being put on stage 1, and/or i havent acknowledged it with my signature then the process can't escalate and even if I were to initiate 'stage 2' the process would have to start again.

Best thing is get a copy of thier 'staging' process and see if/what they've fucked up/not done correctly. How most people at my work get away with these things.

 

[Chilly]

stop skiving?

 

[mycenae]

brooky...
you say she works for the nhs, if this is the case, she should have 4 months suck leave allowed from the moment she is employed by them, regardless of a contract being signed or not. As others have said, a contract doesn;t have to be signed to indicate acceptance of it. I would suggest you pm me with all the details as I am going through a very similar process myself and might be able to help. As far as unions go, no union will be able to help unless its RCN or Unison, though she could try asking for help from the NMC if she is a nurse or a midwife as thats our governing body.
Ideally I would need to know her job, how long she's been in it, and how long she has been absent for...
(to give you an idea, I have been off work for almost 6 months now, fully covered by sick notes due to a knee operation i had in february....so I do know what I am on talking about!)

 

[Vae]

Further to what Mycenae has said above this is some information I dug out for her which refers to the NHS policies for sickness etc which may help explain some of the procedures:

Sickness Policy

 

[Guest]

thanks both of you, she is adamant that the trust cannot follow a process that she was not aware of (until she got her contract) implied or not, she didn't see anything or sign anything.

i'll let you know what happens....

 

[Ch3tan]

She should be fine, our ER guys tell us off if we take any discplinary procedures against someone who has not got a signed copy of their terms and conditions in their file. If anything major happened and it went to tribunal then the company wouldn't have a leg to stand on.

 

[gunner440]

stop skiving?

If she was off for anything but illness then to be honest she deserves what she gets. It couldn't have been annual leave either.

 

[Gumbo]

the company wouldn't have a leg to stand on.

Just like Mycenae!

I'm sorry, I'm sorry, I'm sorry,.. I'm going to hell now aren't I?

 

[gunner440]

Just like Mycenae!

I'm sorry, I'm sorry, I'm sorry,.. I'm going to hell now aren't I?

Um, but doesn't Mycenae have one leg at the moment as opposed to none?

He messed up his knee = he has one 'good' leg left unless he's from Leeds.

 

[Ch3tan]

one leg and a sex change apparently....

 

[Chilly]

gunz is well into that kind of kinky shit.

 

[Guest]

If she was off for anything but illness then to be honest she deserves what she gets. It couldn't have been annual leave either.

it was sickness and one day of emergency child care iirc, but that doesnt stop you from making assumptions does it.............

 

[Chilly]

And so why is it even an issue? Surely those are perfectly valid reasons and management know that. Either something else is going on and you are trying to worm your way out of it or she's working for a load of *****!

 

[gunner440]

it was sickness and one day of emergency child care iirc, but that doesnt stop you from making assumptions does it.............

Why try and avoid the 'letters' then? I'm pretty sure the management would have taken a different view if they had at least been informed.

 

[tris-]

pretty funny how your trying to pick on brooky for no reason.

the mother fucker just asked a question. what ever you ask him he could lie or tell the truth, so why ask and who gives a shit what his gf did?

 

[Chilly]

We do, because we are combative, nosey bastards.

 

[gunner440]

I'm not a nosey bastard, I just have a negative stance on skiving. Oh and I still don't see what's hard about telling her boss(es) the truth instead of going down the 'am I in the right....' route.

 

[Clown]

Why should a company pay someone who doesn't come in to do their job, regardless of the reason?

 

[tris-]

im not sure. next time i know someone who breaks their leg i will ask them why they still expect to be paid by their employer.
they should stay at home and starve instead.

 

[Chilly]

Or perhaps live on benefits until fit to work.

 

[gunner440]

Why should a company pay someone who doesn't come in to do their job, regardless of the reason?

It would be the politically correct way of handling it. You know, the people are always right.

 

[tris-]

Or perhaps live on benefits until fit to work.

yes more people taking benefits, thats just what we need.

 

[Ch3tan]

God you are being pricks.

 

[Clown]

It's not the employer's responsibility to make sure people feed themselves. What the hell are you even talking about?

 

[gunner440]

It's not the employers responsibility to make sure people feed themselves. What the hell are you even talking about?

All that dole money went to his head and now he thinks he is Catherine Zeta-Jones.

Taxi!