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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47365
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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My boss is trying to constructively dismiss me and making it

Customer Question

My boss is trying to constructively dismiss me and making it look like its performance relates (I'm in sales) but I feel like I'm being discriminated against being the only woman in the team and recently returning from Maternity Leave. I have been put on a 3 month performance improvement plan, set unrealistic goals and not allowing me to have certain orders against my target! Please can you help
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is Ben and it is my pleasure to assist you with your question today.

Ben Jones :

How long have you worked there for?

JACUSTOMER-1286qc97- :

2years

JACUSTOMER-1286qc97- :

Are you there?

Ben Jones :

Hi yes, and what re your specific queries in relation to this please?

JACUSTOMER-1286qc97- :

Where do I stand legally to appeal?

Ben Jones :

Have you been given the opportunity to formally appeal?

JACUSTOMER-1286qc97- :

My HR department advised the PIP was an informal process and designed to help but I believe it's a tool to manage you out of the business

Ben Jones :

can you show others in the same position as you are being treated differently?

JACUSTOMER-1286qc97- :

no but i am the only salesperson in the role selling service my colleagues all sell products so there no bench mark

Ben Jones :

In terms of formally appealing, you can only really do this I you have been formally sanctioned (such as after a disciplinary where you are issued with a warning for example) or if you have been subjected to a procedure which your employer allows you to appeal against. As this is not a disciplinary procedure but a performance one, the right to appeal will depend on whether the procedure applied by the employer allows you to do so and it is important t check if such a right exists.

However, even if that does not formally exist, you have the legal right to raise a formal complaint with the employer if you believe you are generally being treated unfairly. This is done by raising a formal grievance with the employer. This would prompt the employer to hold a grievance meeting with you where you have the chance to explain your complaint and discuss ways of resolving this. If you are complaining about a specific person, like your boss, he should not be involved in the process. The employer will come to a formal decision and if you are unhappy with that you have the legal right to appeal and someone else from the business should hear that so that you get an independent decision. All of this is in addition to any appeal right you have under the performance policy.

JACUSTOMER-1286qc97- :

ok so have you any advice on how to make a grievance a strong case and how to ask for a settlement?

Ben Jones :

it would be impossible to tell you hoe to raise a grievance from the limited information I have and you will have to list all your complaints in relation to this. It i really a matter of identifying what you believe the employer has done wrong or unfairly and bring these to their attention. As to asking for a settlement you may wish t do so after a grievance is raised as then there in a formal dispute with the employer which you can use in your favour - you will approach them and state that you wish the meeting to b treated as 'without prejudice', which means off the record and state that you wish to explore the opion of a settlement agreement - you can do this without the fear of being treated detrimentally

JACUSTOMER-1286qc97- :

If I list my complaints can you advise putting the grievance together?

Ben Jones :

putting a grievance together is really a drafting service which we do not do as we are a Q&A site but there really is not that much to it - you state you wish to raise a grievance, you list the issues you are complaining about and what you would to be done about them and then the rest is discussed verbally at the grievance hearing where you go into more detail in a two-way conversation with the employer

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