It must be illegal surely?
We dont have the contracts here but the only cop out I would think is there may have been a XX day cancellation clause eg. they could cancel the contract within first 30 days or something. Otherwise its classed as a sacking and for someone who has worked there 2 years they should be able to take legal action now for wrongful dismissal.
Quote:
Wrongful Dismissal is where an employee has been dismissed without notice or an employee has not been given the right amount of notice, or the employment is terminated contrary to the contract. Wrongful Dismissal is based upon the actual contract between the employer and the employee and so breaches of that contract by the employer could give the employee the right to sue for Wrongful Dismissal.
There is no requirement to have been employed for at least one year in order to bring a claim.
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Unfair dismissal is as follows.
Quote:
Unfair Dismissal is when the following happens:
1. An employee is dismissed and they qualify for the right to bring an Unfair Dismissal claim. See here
2. The employer did not have a fair reason to dismiss the employee.
3. Or, the employer did have a fair reason, but the matter was dealt with unfairly.
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To me it looks like they can take the employer on for unfair dismissal if the new contract had no get out clause, if it did have a get out clause but the fact they didnt revert back to a temp should still allow for wrongful dismissal claims.
Since they mostly young people I expect some over confidence from the employer that none were going to take action. Now its hit the news, at the very least I expect people will be offering them legal help now.
This has highlighted how messed up our country is with jobs tho, that so many jobs are not 'proper' jobs where you are employed for decades by the same company but more temp jobs that expire and can only last a few weeks.