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: 46170
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Employment Law Question Here...
Ben Jones is online now

I have been employed in Dental Practice for 1.5 years. It was

Resolved Question:

I have been employed in Dental Practice for 1.5 years. It was a brand new practice without any patient list. I was doing nursing , reception and management everything all the aperture work were prepared by me .Before I have started work there I had a verbal agreement with my employer that when it gets busier I will take over reception and management . Only because of that I took the job. My occupation is a dental nurse but after 10 years I wanted to expand my horizonts. Everything was fine till I was close to get married my boss started asking me if I want yo have a baby . I said in am not sure , maybe. I said to him I am not even married yet.He asked me that few times that question before married. After I got married he said " Now when you are married you going to have a child" and said as well I am not sure if I will afford to pay your maternity leave". I was feeling so uncomfortable. During the 1.5 I asked several time my boss for written contract which I haven't received. Few times he made remarks about my English and that it is so easy and that he doesn't understand how people can not use article which I sometimes forget during a conversation. I have been off sick for 7 weeks now due to knee injury. In this time my boss informed me that when I come back to work I will be a nurse . I was downgraded. I wanted to meet up with him but he sent me txt message saying "we can talk but he is not gonna change his mind". He didn't meet up or talk to me prior changing my role in the practice.
I have started Grievance procedure by sending a formal letter. I got respond from boss and HR professional. HR person wants to have a meeting with me and she wants to record it.
My question is if I have a case against my boss?, if it is a good idea to allow the HR person to record the conversation ? Is it mean HR person is on my bosses side?
When HR person ask me what is the solution to solve the situation , can I say gets position which I was promised at the beginning of employment or compensation for me leaving the work , because I know that's what really my boss wants. Or it is better to mention the compensation with ACAS early conciliation if it's gonna go there
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones : Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Is it a formal grievance meeting you are being asked to attend?
JACUSTOMER-y6lkyez1- : Yes, I am
JACUSTOMER-y6lkyez1- : But only with HR professional
JACUSTOMER-y6lkyez1- : Without my boss being present
JACUSTOMER-y6lkyez1- : CAB helped me to write grievance letter
Ben Jones :

Hi sorry I was offline when you replied. What is happening here is hat you most likely the victim of discrimination on grounds of gender. You are basically being treated unfavourably because you are a woman and are potentially going to have a child. This is unlawful and the employer has no right to do this to you. Also they have no choice on whether they would pay you maternity or not - this is something you are entitled to by law and as long as you meet the necessary criteria then you are automatically entitled to maternity pay and the employer has no choice on whether to pay you or not. Also if they seek to do something to avoid having to pay you maternity, such as dismiss you, then they would certainly be discriminating against you and you would have a case against them.

You have nothing to lose by allowing the conversation to be recorded. This will create a precise record of what was said and could become useful in the event of a dispute in the future. I would make sure that you ask for a transcript of the recording though so that at least you have something to refer to as well.

As to hat you wish to get out of this, you could mention both options you discussed in your original question. It is up to you to decide whether you would like to stay there in the original job or just try and find a way out of this. You have nothing to lose by approaching them to try and negotiate a settlement and the worst they can do is say no. If that is the case and you believe that they have not resolved the ongoing issues, then you could consider making the claim for discrimination. You would then be directed to ACAS through which you would need to engage in early conciliation so that is inevitable if you are going to be making a claim. But before you get to that stage you could still try and negotiate directly with the employer if necessary.

Ben Jones :

Hope this clarifies your position? If you could please let me know that would be great, thank you

Customer:

Is the meeting with a HR person just for listen to my complain or it is for finding something against me ?

Customer:

what about verbal contract, does it have any power ?

Customer:

Because I don't have written contract , everything was verbal.

Customer:

And I know I was entitle after2 months but he was just postponing it each time when I asked for contract .

Ben Jones :

Hi, from what you have said the meeting appears to be one where they will discuss your complaint - if they wanted to investigate you then they should have advised you it was going to be an investigatory hearing. A verbal contract can be just as legally binding as a written one, as long as it was clear what its terms were and that both parties were aware of them and had intended for them to apply in this situation.

Hope this answers your query?

Customer:

How long l should wait for the answer after the meeting , because I know it is time limit for that case to go to employment trubinal and the event happened on the 2.7.14.

Customer:

Employment Tribunal , sorry

Customer:

The HR person said in the letter that she gonna look for evidence in the practice and If I have any I should give her ahead of the meeting. Do I have to give it to her prior the meeting.

Ben Jones :

you can wait a week or two, the employer should keep you updated, but if you are getting close to the limit for claiming then you just have to make the claim, even if they have not finished

Ben Jones :

if you have been asked to submit any information that will help them, then if you have it you should do so

Customer:

To get that straight if it takes to long for them to give me the answer I can

Customer:

Contact ACAS and start the early conciliation process ?

Ben Jones : Yes of course you can, you need to act within the time limits, that is the priority, so even if you have not heard back from the employer by then you can start the formal process through Acas
Customer:

I heard it could be difficult to prove discrimination because of my word against his ?

Customer:

I don't have any factual poof . Is that enough to have a case ?

Ben Jones :

in the case of discrimination you need to show enough to convince the tribunal that discrimination was likely, for example provide evidence of the alleged discrimination, even if it is just your witness account of what happened. Once the tribunal is satisfied that discrimination has potentially occurred, it would be for the employer to then show that they had not discriminated against you. So it results in a shift of the burden of proof - it is not for you to fully convince the tribunal you were discriminated, rather it becomes for the employer to convince them that they had not discriminated.

Customer:

So if he said those thinks to me without witness is good enough if I specified which date that situation accured?

Customer:

Do u think my case is strong enough to go to employment tribunal if I need to?

Ben Jones :

you do have some evidence to at least challenge the employer's actions, but then it is really for the tribunal to decide how strong it is - I cannot say what they will decide unfortunately. Without witnesses it would just be your word against theirs so that make it a bit more difficult but not impossible

Ben Jones :

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? Thanks









Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46170
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Employment Law Specialists are ready to help you

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:

    10609
    Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
< Previous | 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:

    10609
    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:

    671
    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