Employment Lawyers Can Answer Your Employment Law Questions
Hello my name is ***** ***** I am happy to help you today. How long exactly have you worked there for and what would you like to know about this situation?
In November I will be 2 years working for this agency
I would like you to review my response and advise if it is leaglly correct
Hi so can I just clarify a few things. Did you have a personal relationship with the team leader in question?
yeah we were best friends until she started been rude to me
Sorry I just need to be clear are you both female, the question you sent is not very easy to read.
i nominated her for the TL role and it seems went straigh to her head
Correct, both females... no romantic relationship, just very good friends
Thank you .
Has she worked there for longer than you or less time?
maybe 1 month longer. She is a team leader and I am a Senior Team leader
Ok thanks, ***** ***** explain briefly what has happened to lead you to want to write an email to your employer about this?
I dont understand
In my explanation I mentioned he started emailing me about this... after 4 months now he thinks is or can be an issue
I have the impression he is trying to make me to resign so he can put her in my place
So is David your boss. I'm really sorry but your explanation is difficult to follow which is why I'm asking the questions.
she was brough to this job by his best mate
DAvid is his analyst
DAvid is her analysts, reports into her
Ok the difficulty you have is that with less than 2 years service in the UK you can be dismissed for any reason so long as you are not being discriminated against on the grounds of your sex, race, age, religion, disability preganancy or for raising a health and safety complaint. If you make a complaint to your employer about this then potentially you could be dismissed with notice and there would be no recourse in law unless you think that discrimination on one of those grounds applies.
You can, of course send an email to say that you believe that you are being treated unfairly and that you have not let your fall out affect your work but there is a danger that this could lead your employer to take some sort of action against you.
Thanks, ***** ***** is that I think he is pushing me to quit
I understand that. You need to try to hold on until you have 2 years service before doing anything. If you are forced out after 2 years then you can claim constructive dismissal. Before 2 years there is no claim unless discrimination applies (and I don't think that it does here).
I understand. I dont know If I can hold it for so long, I broke down for the first time in almost 2 years our of stress. He sent me in 1 day almost 10 emails (responses back and forward) and then next day he raises another issue re me been rude to this person
Is there a HR department?
They just sent me a new contract to renue my contract until the 23 dec 2014
That's positive. Is there a HR department.
I work on a 3 month rolling contract
No HR. It is an agency that offer services to a Bank
But no over all boss or Personnel department of any kind?
Yes, there is his boss, but from expirience he usually refers me back to someone else. A person that I cannot trust unfortunatelly. He is friend with my manager
I have told my manager in emails that he is causing me anxiety and stress... Yesterday I couldnt sleep because I am not sure how to react to this attack unrelated to my performance, which is very good.
Ok well if you have said you don't want to engage any more in emails that do not relate to work and you have raised it at a higher level there does not seem to be a lot more you can do . As I said try to hang on in there until you have been employed for 2 years as before that you do not have full employment law rights.
If you have any further questions please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.
2 years- even if I am contractor?
not permanent employee?
That's a different argument to have. If you are a contractor for a long period of time and you are treated as an employee and employment tribunal may find that you are employee for employment law purposes. https://www.gov.uk/employment-status/overview gives you a brief overview of the situation. Simply put if you are treated as an employee an employer cannot evade employment law rights by saying you are a contractor.
Ok- im reading now. Just unsure of how I am not protected under Law eventhough he is causing me stress. How to hang in there for more than a month under stress and anxiety.
There is no claim in employment law which is free standing for stress and anxiety. If this results in a personal injury and you suffer a financial loss then there could be a civil claim, but this would be highly unusual.
Ok- I do not think it would be good for my state of mind to accept signing a new contract with them under these circunstances. I do want to work here but it would be unreasonable to sign up
Well that is obviously a decision only you can make.
Another question, If I dont answer his email, can he use my non response as acceptance of his statements?
No not responding does not equate to accepting the allegations. I would suggest you do send an email to state that this is not relevant to work and you consider it to amount to a harassment and to ask him to stop.
Please let me know if there is anything further you would like to know about this. I would be grateful if you would take the time to rate my answer as I am not otherwise credited for my time.
just re- reading what you have wrote, I dont want to accuse him of harrasment because his email is very smart and does not show harrasment
would you recomend another wording please
Sure- I will rate you at the end
You can state that you do not consider it to be relevant to your work and that, given that it is not work related would he please stop corresponding with you in this manner.
Ok- thats clear. Many thanks for your help.
No problem all the best for the future.