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themalster | 08:36 Thu 04th Apr 2013 | Jobs & Education
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Hi guys, i worked in my current place from Nov 2011 to Nov 2012 and left for another job. I ended up coming back to my previous job after 3 months. My manager wanted me back and said that i would initially be on a 3 month contract but purely for admin purposes and i would be given the next available permanent contract (there was no written evidence of this), so i restarted in Feb this year.
A new girl started a month after i did on a 3 month contract.
Then my manager subsequently left and i am now faced with my contract ending next month and being told it's not certain i will be able to stay as there is no 'head count'.
I have since found out that the new girl that started in March has had her contract changed from a 3 month contract to a permanent one.
My previous manager has told me that she advised HR about the conditions of my contract prior to me returning and somewhere there is an email in her old emails at work confirming this.
Do i have a case against my employer at all? I assumed a verbal contract was binding in business.
I would not have left a better paying job to come back to a lower paying job for only a 3 month contract.
Any advice is sincerely appreciated as i am extremely worried i will be jobless with a mortgage and 5 year old son to support. I phoned ACAS who said that the company only have to go by my contract.
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well to be honest, acas should know, shouldn't they? perhaps the girl is better than you and they'd rather keep her? perhaps the needs of the business have changed? even if you were on a perm contract, allt hey'd have to do is give you your contractual notice anyway, so i can't see you'd be any better off really. Perhaps you could go back to the better paid job?
Within the first 12 months they can dismiss for almost any reason (exclusions being due to race, pregnancy)- all they need to do is give the required notice as per the 'contract'.
So ACAS are right
This is why an employer should never accept at face value a statement made by their manager, but get the employing organisation to write confirming the arrangement. Sorry, but I agree the others (and ACAS) are right.
5th word - employee, not employer!

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