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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6307
Experience:  15 years experience of advising on employment law matters
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I work for a Facilities Management company that proves total

Resolved Question:

I work for a Facilities Management company that proves total FM services to a global solutions company. As the FM at their HQ, the client asked for me to removed from site for not carrying out my role proficiently. An investigative meeting has been held and they did apparently have a case against me. A disciplinary meeting has since been held, but my senior manager dropped the written stuff and gave me a verbal warning. Off record he openly told me I'd been 'stitched up' - the general concensus from anyone with the knowledge of what has gone on. The client will still not allow me back onto their premises which I guess I have to accept. I'm due to attend a further meeting with my company on Friday to see what happens next. They have told me they will do their best to find me another job within their company.
My question is, if nothing appropriate is available and I have only received a verbal warning, can they dismiss me? Or if not, what are my rights?
Submitted: 2 years ago.
Category: Employment Law
Expert:  taratill replied 2 years ago.
taratill :

Hello my name is ***** ***** I am happy to help you today Do you believe they will be able to find you alternative work?

Customer:

Hi Jenny, it's difficult to know at this time

taratill :

You are in a tricky situation, your employer has a duty to find you alternative work and before taking action against you it should demonstrate that it is not possible. In the event that the employer cannot find alternative work they will be able to dismiss you (despite the fact that they only gave you a verbal warning) on the basis of Some Other Substantial Reason, which is one of the 5 fair reasons an employer can dismiss under law. This covers the situation where an employee is not allowed on site (however unreasonable that decision is).

Customer:

they have promised from the beginning that they would do their best to find me an alternative. It's the client that has the problem with me rather than my employer

taratill :

Hi I think that our posts crossed there, please can you confirm you can see my answer above?

taratill :

If you are dismissed you should appeal.

Customer:

yes I can see it. So if they dismiss me because they can, is it literally immediate or can I expect some sort of 'pay off'? I have an exemplary record of 17 years in this role.....

taratill :

It would be with notice. Statutory notice is 12 weeks. It is a really unfortunate situation I'm afraid.

Customer:

ok, thought that might be the case! Can I assume - should I get dismissed - that I cannot 'fight' the client?

taratill :

No there is no case against the client at all I'm afraid. The only exception to that would be if the decision were discriminatory on the basis of race, religion, sex, disability or age. I do not think that this applies here from what you have said.

Customer:

disability/age could come into it, but they've been very clever in not wording any documents like that. I have an arthritic hip which has prevented me a little from carrying out a very small portion of my work. One of the five issues was along the lines of 'doesn't walk the site as often as she should'....

taratill :

Ok there may be something here with duty to make reasonable adjustments and direct discrimination. I would suggest you write to your employer to state that you believe that these are factors in your treatment by the client. If you are dismissed you can raise a claim against both parties.

Customer:

ok thank you. ***** receive a copy of this conversation?

taratill :

You can print this conversation off. I would be grateful if you would please take the time to rate my answer. I will be happy to help you again in the future. Please ask for me by name.

Customer:

Thank you Jenny, will do! Wish me luck, thing I'm going to need it!!!

taratill :

All the best with it.

taratill :

and good luck : )

Customer:

ermmm, how do I print this off?

taratill :

You can press the print screen option normally the control and p buttons together.

Customer:

ok

taratill :

Hi have you managed to print it. You can still access the answer even after you have rated my answer so I would be grateful if you would take the time to rate it as I am not otherwise credited for my time. Many thanks

Customer:

no it printed a blank page! i'll submit your rating and see what happens

taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6307
Experience: 15 years experience of advising on employment law matters
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