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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
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My line manager of 12 months has indicated from the start that

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My line manager of 12 months has indicated from the start that he does not want me in the position I hold, which is department supervisor. I have held this position since 2012 and have been with the company in the same department for 25 years,
Today at a review of a previous perfomance review the only topic discussed was his intention to remove me from my position and preferably from the company. His words were 'You would be out of the door today but Leigh (the company owner) has told I've to give you 12 months.'
I take this as effectively being given 12 months notice of being terminated.
I have access to my personnel file can you advise if I am within my rights to put these comments on my file if he hasn't already done so? Also is there any other course of action I can take?
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.

First of all the employer cannot just dismiss you like this. If an employee has been continuously employed with their employer for at least 2 years they will be protected against unfair dismissal. This means that to fairly dismiss them their employer has to show that there was a potentially fair reason for dismissal and that a fair dismissal procedure was followed.

According to the Employment Rights Act 1996 there are five separate reasons that an employer could use to show that a dismissal was fair: conduct, capability, redundancy, illegality or some other substantial reason (SOSR). The employer will not only need to show that the dismissal was for one of those reasons, but also justify that it was appropriate and reasonable to use in the circumstances. In addition, they need to ensure that a fair dismissal procedure was followed and this would depend on which of the above reasons they used to dismiss.

So if they simply issue you with notice of dismissal without being able to show a fair reason or follow a fair procedure then you can make an unfair dismissal claim in the employment tribunal once your employment is terminated.

You could also consider resigning and claiming constructive dismissal. This is where the employer’s conduct has made things so bad that you are no longer in a position to continue working there and feel forced to leave.

As to adding the comments to the file, you should only do so if you have the authority to do that. You may have access to your file but are you authorised to add things to it? If not, then you should not do this. Instead you can raise a grievance with the employer and that should create a formal record with the employer anyway.

I hope this clarifies your position? If you could please quickly let me know that would be great, as it is important for us to keep track of customer satisfaction. Thank you

Customer:

Ben

Customer:

Thank you for your time the information you supplied is broadly what I had expected. Thank you.

Ben Jones : You are welcome, all the best
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46182
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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