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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46765
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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hi im after some advice on a situation im in at work at the

Resolved Question:

hi im after some advice on a situation im in at work at the moment I feel as if im being singled out and being a victim of discrimination, I was dismissed from a former employer for failing a drug test through no control of my own, I found a new job and carried on with my life but now the former employer has taken over my current employer and have singled me out to everybody else and iv had unprofessional comments branded at me from senior management also been threatened with suspension from them if I do not do what they want although im not under a written contract from them any advice would be appreciated
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. How long have you worked for the new employer?

Customer:

since the beginning of may

Ben Jones :

What are you hoping to achieve in this situation?

Customer:

well I have handed my notice in because I don't feel as if I can carry on to work there with the constant thought of being watched and unable to go about me day to day roles due to the past I don't think what they have done and how they have gone about it is either fair or they should be able to do it I want to make them aware that im not just a number on the books and wont be walked over

Ben Jones :

ok thanks leave it with me please I will post on here shortly with my response, just travelling home so will draft this as soon as I return, which won't be long

Customer:

ok thank you

Ben Jones :

Thanks for your patience. Whilst the employer’s actions can be seen as being morally wrong, from a legal perspective your options will be rather limited because you have only been continuously employed at your place of work for less than 2 years This means you will not be protected against unfair dismissal or constructive dismissal. Your employer can therefore dismiss you or force you to resign 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.). I see no evidence that discrimination is at play here unfortunately so even if you were forced to leave for the reasons mentioned you cannot realty challenge the employer over this. You can still raise a formal internal grievance but once the employer has made a decision on that, even if you do not agree with it, you cannot take the matter further. So this is really a moral argument here rather than a legal one.

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

Customer:

ok thank you for your help

Ben Jones :

you are most welcome

Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46765
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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