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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47365
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I've just had an apraisal and been told I'm not good enough

Resolved Question:

I've just had an apraisal and been told I'm not good enough for my job and been dismissed
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 there for?

Customer: Hi Ben since july on sub contract basis then taken on as an employee in September as a site manager but was never given a job description
Ben Jones :

were you issued with any notice of terminaiton?

Customer: Yes one week if I wanted to work it and it's all come about due to other colleagues complaining that I can't do the job and why am I on more money then then
Ben Jones :

If you have been continuously employed at your place of work for less than 2 years then your employment rights will unfortunately be somewhat limited. Most importantly, you will not be protected against unfair dismissal. This means that your employer can dismiss you 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.). In the event that the reason for dismissal fell within these categories, then the dismissal will either be automatically unfair, or there will be a potential discrimination claim.

If the dismissal had nothing to do with any of the above exceptions then you would not be able to challenge it and your only protection would be if you were not paid your contractual notice period, because unless you were dismissed for gross misconduct, you would be entitled to receive your contractual notice period. If you did not have a written contract in place you would be entitled to the minimum statutory notice period of 1 week. Your employer would either have to allow you to work that notice period and pay you as normal, or they will have to pay you in lieu of notice.

So I am afraid you cannot actually challenge the dismissal if there are no discriminatory grounds as mentioned above and from I can see there are no discriminatory reasons that applied here.


Customer: They also offererd me a job on lower pay which I couldn't accept knowing my colleagues have said this about me and my manager has never said a word about it and also I could do site management for them on a sub contract basis which I find strange
Ben Jones :

Sorry answers crossed - response above

Customer: So I can't do it on defimation of character from the workforce but isn't this a form of bullying
Ben Jones :

You cannot take action on bullying until you have 2 years' service. This is not really defamation and also this is extremely expensive and complex, without any guarantee of success, certainly not a claim I would recommend here

Customer: Ok thank you
Ben Jones :

you are welcome,, all the best

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