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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48758
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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if my employer publicly, in front of the office, singles me

Resolved Question:

if my employer publicly, in front of the office, singles me out during an aggressive outburst with purpose or intent to humiliate me what rights or actions can i take with this. Am I allowed to record this outburst and/or be allowed to use the recording.
What advice would you give me regarding this type of scenario and what my rights are in these circumstances.
Thank you.
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.
Ben Jones : Hello, my name is ***** ***** it is my pleasure to assist you with your question today. How long have you worked there for?
Customer: 1 year
Customer: UK
Ben Jones :

Thanks for getting back to me. The main issue here will be your length of service. Until you have at least 2 years’ service with an employer you are not protected against either unfair or constructive dismissal. This means that you could be dismissed or forced to leave for most issues and it can include the issues you are experiencing. There are limited exceptions, such as if you are being discriminated because of your age, gender, race, religion, etc but none of these apply here so unfortunately you will not be protected. Had you been there for more than 2 years you could have considered resigning and claiming constructive dismissal but as mentioned this is not an option here. So it means the only option for you would be to pursue this internally, such as through raising a formal grievance with the employer. They should deal with it formally and invite you to a grievance hearing to discuss the problems and make a formal decision. If you disagree with it then you have the chance to appeal the outcome. However after the appeal you have no further recourse and would either have to accept the situation as it is or leave without being able to take the matter further.

As to recording any conversations you are able to do this, even if it is done secretly. But as you cannot go to court over this you can only use them if you were to raise a grievance with the employer, but they can decide to refuse to admit it as evidence.

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

Customer:

Hi Ben, thanks ever so much for the advice, it's a shame about the 2 year tenure caveat but your answer is a help.

Customer:

Thank you

Ben Jones :

you are welcome, all the best

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