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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 45315
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Hi, i have been working in a sales office for 12months and

Resolved Question:

Hi, i have been working in a sales office for 12months and it turns out now my manager who resigned instantly has been very corupt and making me and the rest of the team discount packages saying he has authorisation to do so from the regional manager, i have done as told by my manager and the discounts applied to the customer in my log in. We have now all been suspended for gross misconduct, mis - selling and manipulation of packages for financial gain. My manager was in the company for 10 years and i took what he said as truth when told to do these things. Do i have any case for unfair dismissal if on weds i am fired. i have spent my whole career in the fitness industry and sold hundreds of memberships without a single question mark over my integrity.
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. You say you have been suspended when is your next hearing with the management please

Customer:

my disciplinary is set for weds 1.30pm, although i still havent received the evidence papers yet today.

Ben Jones :

Ok thank you leave it with me I need to look up a few things and then get my advice ready.I will post back on here when done there is no need to wait and you will receive an email when I have responded.

Ben Jones :

Many thanks for your patience. 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.). Another exception would have been if you had made a protected disclosure, for example a formal complaint that you were being forced to undertake illegal activities and your employer then sought to dismiss you as a result of you making the complaint. However, from what I understand this did not happen here – you were doing the illegal activities but did not raise a formal complaint about them which is now being used as a reason to dismiss.


 


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.


 


You could also argue that your actions did not amount to gross misconduct because there was no negligent or malicious intent on your part and you were simply following instructions on good faith. So the only thing you may be able to salvage from this situation is your notice period, although you cannot claim for unfair dismissal unfortunately.


 

Ben Jones :

Hello, I see you have accessed and read my answer to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? I just need to know whether to close the question or not? Thanks

Customer:

thank you for your reply. I understand that my case seems very weak then,. So when you say i might be able to salvage my notice period pls can you clarify this? so currently i am on full pay pending the disciplinary this week. at that point they will decide whether or not to dismiss me , can i at that point try to salvage another month? i know for a fact the amount that is surfacing about our manager is vast, will they want to keep this as quiet as possible and therefore

Customer:

offer me anything to not appeal ?

Customer:

or is that just wishful thinkng ?

Ben Jones :

what is your contractual notice period?

Customer:

one month

Ben Jones :

it is difficult to predict whether they may try to offer you something but to be honest even if they did not and you appealed, they do not have to hear your appeal so they can avoid that without having to offer you anything extra.

Customer:

ok so the right to appeal means nothing really, as im under 2 years. thanks for the advise Ben, i will go down the route of no negligence etc or malicious . as for financial gain, i actually missed target for 2 months and the financial gain amounts to approx £30. the thing that makes me sad is it seems that other management knew of his wrong doings and we were left in there with no care of duty trusting him, and were pulled down by his mis selling

Ben Jones :

failure to allow you to appeal can only be claimed with having more than 2 years' service. I agree that it appears you were simply dragged into all of this and you were simply at the wrong place in the wrong time and are now paying the price....it is just unfortunate that your position does not grant you many rights in this respect

Customer:

thanks for the advise. it has been most helpful

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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Ben Jones, UK Lawyer
Category: Employment Law
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Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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