How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ben Jones Your Own Question

Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 44871
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Employment Law Question Here...
Ben Jones is online now

Hi, I have 30 years work experience and I am currently in

Customer Question

Hi,

I have 30 years work experience and I am currently in a new job. The job has a 3 month probationary period which has been extended by 1 month. I am currently in the 1 month extension. I , from when I started , have raised concerns with my line manager about the way I have been treated by other staff from day 1. My work has been noted to be excellent as has my attendance but communication has been noted as an issue.

In my 1 months extension I am meant to be being mentored and supported by my line manager with weekly meetings. This has not happened. I also have 3 situations which have arisen since 28th November which I have brought to my linen managers attention and which have been batted back to me. I have now brought these 3 examples to HR's attention considering that I need to give examples to highlight what is going on.

My line manager and I had what appeared to be a good working relationship until approx 6 weeks into my probation. As I started to understand more I started to ask questions and raise concerns. I have been asked to change targets, 'just accept' that those figures are correct despite when a report does not state clearly that that is the case. On more than 1 occasion I have been advised by a peer and my line manager that something has been done and then discovered it hadn't. i am not being trained and I am told one thing one minute then something else another. I have pointed out several things to my line manager that peers are doing and my line manager advised that my predecessor had also brought this to his attention. I have seen peers on personal mobiles in meetings, I have been spoken to in aggressive, cheeky unhelpful ways by everyone in the team but I consider that I have been very professional. I have been told that I need to use email less and have more meetings/calls but I have several examples where I have tried to have a short meeting to follow up an email or sort something out with all involved but it has been questioned by my line manager and 'blocked' by my peers.

I consider that I am not prepared to compromise my personal and professional integrity but that I may lose my job because I am standing up to an unprofessional culture and a line manager who is not leading by example and leading clearly and effectively.

Where do I stand and what should I do next?

Thanks
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.

Ben Jones : Hello, my name is Ben and it is my pleasure to assist you with your question today. Do you think you can continue in that job?
JACUSTOMER-mkiam7nv- :

Hi,

JACUSTOMER-mkiam7nv- :

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.

Ben Jones :

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.

Ben Jones :

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?

JACUSTOMER-mkiam7nv- :

Hi,

JACUSTOMER-mkiam7nv- :

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 .

Ben Jones :

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

Ben Jones :

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?

Ben Jones :

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:


www.justanswer.com/law/expert-ben-jones/

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Ben Jones

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    10055
    Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
< Last | Next >
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    10055
    Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    41
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Laywer

    Satisfied Customers:

    49
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/taratill/2010-03-09_111600_phpsik04M_c2AM.jpg taratill's Avatar

    taratill

    Solicitor

    Satisfied Customers:

    661
    15 years experience of advising on employment law matters
  • http://ww2.justanswer.com/uploads/LI/li/2014-12-19_134845_lexughes.64x64.jpg Alice H's Avatar

    Alice H

    Solicitor Advocate

    Satisfied Customers:

    99
    Partner in national law firm with 20+ years legal experience
  • /img/opt/shirt.png tdlawyer's Avatar

    tdlawyer

    Laywer

    Satisfied Customers:

    53
    Lawyer with 9 years experience in employment related issues.
 
 
 

Related Employment Law Questions