dont know where i stand at work

[becca90]

hey today at work i got called into the office and got told i have to apply for the job i am already doing :s i work in a nursery and have just completed my level 3 meaning i go from trainee to eyp, resulting in a new contract. while in the office they said i ddint have a contrast and it ran out last month which is true my trainee contract is finished but i signed a new one back months ago! when i questioned this i was told this has not happened and basically that never happened. i asked for my file and looked trough it to find my details including the date i signed my new contract and a copy of a monthly newsletter clearly stating that i have accepted the eyp job within the nursey.

if anyone could help me to get a rough idea where i stand, what i can do and what kind of action i can take. they have destroyed my new contract and acting a if ive not already signed and accepted it.

thanks in advance x

[ChuckFickens]

Could you clarify the follow sentence....

"i asked for my file and looked trough it to find my details including the date i signed my new contract and a copy of a monthly newsletter clearly stating that i have accepted the eyp job within the nursey. "

Are you saying you looked through the file to see if you could find details, but didn't.
OR
Are you saying you looked though it and saying you did find details?

[ChuckFickens]

BTW... the obvious answer is, present them with the copy of the contract that was yours to keep, or any other correspondence about it.

However... are you you weren't taken on as an employee "back months ago", and they are now saying you didn't make it through the normal 3 month probation period?

[ChuckFickens]

"are you you"

It's late..... meant to be "are you sure"

[EcclesCake]

I agree there are some ambiguities in the post but assumed the level 3 comment referred to a NVQ Level 3.

[EcclesCake]

If you found your new contract in your file, how could they (your employer) have destroyed it? Similar applies to the newsletter, surely this is a distributed newsletter?

As Chuck says, even if your contract has been destroyed you will have your copy to present as evidence?

Applying for posts whilst an incumbent isn't all that strange. Having said that there are some oddities in your case.

How long have you worked for this organisation?

[factor-fiction]

Bear in mind that if you have been there less than a year they can dismiss you for almost any reason.

It may be a misunderstanding. If you can show you signed a permanent contract then show them.

Of course even if you did sign one they can reorganise and ask people to reapply for roles.

[becca90]

i asked for my file to basically get my cv to improve it for applying for jobs, this is when i found a piece of paper saying contract date and date signed and returned. this is backed up with the monthly news letter that goes out via email to all parents, stating that "we are delighted to say i have accepted the eyp position" they never gave me a copy of the contract and i stupidly didnt ask for one, kicking myself know for it!! the 3 month trial started in feb and ended in may, starting the next step of the eyp job. i have been there for just over a year and a half and done my qualification ( NVQ level 3 ) through them during my trainee contract that ended as i got my new eyp contract.

they have removed my signed contract from my file stored in the office and acting as if it never happened...but the newsletter, date of contract and spoke to my tutor today agreeing with me about the job as my setting asked her to pressure me to finish so i could take on the eyp role faster instead of employing someone for a matter of months.

thanks again for helping just want to find out where i stand? :(

[ojread2]

They can hide your contract all they like, you do have one
However, as you have only been there a year, you can be dismissed for any good reason.
Some light reading for you

http://www.direct.gov...termworkers/DG_175138

http://www.direct.gov...Dismissal/DG_10026619

http://www.direct.gov...onditions/DG_10027905
"All employees have an employment contract with their employer, although it might not be in writing. If you don’t have a written employment contract, your contract would have automatically been created when you started to work for your employer."
At the very least, you must written statement of your main employment terms within two months of starting work. If you don;t have one, or it is missing then your employers are not working to the law

[boxtops]

They should have given you a copy, you need your own copy to keep at home, but that's too late now - if they have taken it out of the file and shredded it, that's very bad practice. Have a word with ACAS - http://www.acas.org.u...x.aspx?articleid=1339 - it won't cost you anything to get their advice - to see where you stand.