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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48213
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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My boss and I have clashed (basically a personality clash although

Resolved Question:

My boss and I have clashed (basically a personality clash although there is one task I have been given that I had mis-interpreted the verbal instructions and made a mistake - with no harm done). I am expecting to be fired as he has said so, although this is by no means gross misconduct. I have less than one year's service and my manager simply does not like me.

Do I have any rights or ability to fight this? My HR department has not been involved as-yet, nor has my manager mentioned anything about doing this properly. He has simply demanded I quit and I have said no.
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

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

Ben Jones :

What do you hope to achieve please?

Customer:

I would like to understand my rights in relation to this breakdown between my boss and I.

Ben Jones :

OK, thank you, XXXXX XXXXX this with me - I will look into this for you, get my response ready and get back to you on here. No need to wait around and you will get an email when I have responded, thank you

Customer:

Until this morning I was fairly sure that my boss was over-reacting to our personality clash, but today I see an appointment in his diary between himself and the HR officer here. And then later, a "1-2-1" with me that isn't in my diary. All signs that I am about to be ambushed.

Customer:

Hello?

Ben Jones :

The main issue here will be your length of service. If you have been continuously employed at your place of work for less than 2 years then your employment rights will unfortunately be somewhat limited. 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.).


 


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.


 


If you were not paid your notice period when you were due one, that would amount to wrongful dismissal (which is different to unfair dismissal) and you could make a claim in an employment tribunal to recover the pay for the notice period that you should have been given. There is a 3-month time limit from the date of dismissal to submit the claim. However you cannot challenge the dismissal itself unfortunately so if that is the way the employer wants to go then it can happen.

Customer:

I see. Thankyou for the advice.

Customer:

If they do get rid of me today, is there anything I can do about references or statements to protect my employability?

Customer:

I am obviously concerned to be able to get another job.

Ben Jones :

The employer has no legal obligation to provide a reference but if they do it must be truthful and not misleading. So they can provide a reference that mentions this incident if they wanted to but it must be factually correct

Customer:

I understand. I'll warn them of that - hopefully that will stop any problems later.

Customer:

That's it. Thanks for the help.

Ben Jones :

You are most welcome. Please take a second to leave a positive rating for the advice I have provided as that is an important part of our process. Thank you and feel free to bookmark my profile for future help:



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