Employment Lawyers Can Answer Your Employment Law Questions
Hi, I think I can in that I think I am perfectly capable of doing the job. So far I have been a significant part of them exceeding a target, saved the organisation money on 2 occasions been told in the first 6 weeks that ' I am exactly what I said I was' and that my work couldn't be faulted.
Hello, sorry I was offline by the time you had replied. Whilst I understand the difficulties you are facing, your rights in this situation will be somewhat limited and I will explain why below.
Whilst there is nothing stopping you from challenging the way you have been treated and the lack of support you are receiving, as you have been continuously employed at your place of work for less than 2 years then you will have few employment rights to protect you. Most importantly, you will not be protected against unfair dismissal. This means that your employer can dismiss you for more or less any reason, and without following a fair procedure, as long as their decision is not based on discriminatory grounds (i.e. because of gender, race, religion, age, a disability, sexual orientation, etc.) or because you were trying to assert any of your statutory rights (e.g. requesting maternity/paternity leave, etc.). In the event that the reason for dismissal fell within these categories, then the dismissal will either be automatically unfair, or there will be a potential discrimination claim.
If the dismissal had nothing to do with any of the above exceptions then you would not be able to challenge it and your only protection would be if you were not paid your contractual notice period, because unless you were dismissed for gross misconduct, you would be entitled to receive your contractual notice period. If you did not have a written contract in place you would be entitled to the minimum statutory notice period of 1 week. Your employer would either have to allow you to work that notice period and pay you as normal, or they will have to pay you in lieu of notice.
So as long as they do not involve any discriminatory reasons in their decision, they can decide eventually that you are no longer suitable for their company and terminate your employment without you being able to challenge it. They can do this whether they have acted in a morally correct manner or even if they have failed to provide the support one would normally expect in a job.
So you must consider all of the above when deciding how to approach this issue and deal with it. There is nothing stopping you from trying to deal with this head on but remember that there is still a relatively long period during which they can very easily (and legally) terminate your employment.
Please let me know if this has answered your query or if you need me to clarify anything else for you in relation to this?
Hi, Thanks for this reply. What do you mean re 'still a relatively long period during which they can very easily terminate my employment'? Does all of this apply even if I have evidence of being asked to change targets that looked like they weren't going to be met, evidence that colleagues have lied, evidence from a peer that there have been several complaints made previously against my boss, evidence that indicates an unprofessional culture and deep dissatisfaction? This organisation is government funded and I have been asked to do things which are wholly unprofessional .
I meant that they can do this until you have at least 2 years' continuous employment so if you are only ion your 4th month with them then there are at least another 20 months during which this can happen. I am afraid it applies even in the circumstances you mentioned - you simply cannot legally make a claim for unfair dismissal unless you can show that the reasons for the dismissal were discriminatory. Changing targets or not playing fair in general is not discriminaiton in itself so it is not a reason you can use to challenge any potential dismissal
I hope this has answered your query. Please take a second to leave a positive rating, or if you need me to clarify anything before you go - please get back to me and I will assist further as best as I can. Thank you and feel free to bookmark my profile for future help: