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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48165
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I am working as a Store Manager in London and have been employed

Resolved Question:

I am working as a Store Manager in London and have been employed since September 2012. It has come to my knowledge that my employer is trying to find a new candidate for my role and they went as far proposing an employment agreement letter to this person. I have this information through a reliable source via their HR department whom has been informed that one of their employees has been approached by my employer for my role. This information had made me very wary of my employer's intentions as I have not been given any negative performance reviews or warnings. Their have been recent changes to senior management, which have been dismissing other colleagues holding similar roles to mine in other countries. I am convinced that they are restructuring and building their own teams and can only assume that it will be a matter of time before they approach me in trying to push me out. Withthe concrete knowledge I have on hand, I am uncertain on how to deal with this matter and whether I should wait until they approach me or discuss this knowledge with them to understand clearly their intentions? Can you advise? It seems a that I may be confronted with an unfair dismissal.
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Do you know if it is possible to have two people doing the job you do it would it have to be a direct replacement of someone is recruited?
Customer: replied 2 years ago.
As far as I know, the Store Manager is a singular role in my company. The person below me is my Assistant Store Manager.
Expert:  Ben Jones replied 2 years ago.
Thank you for your response, which I will now review. I will get back to you as soon as possible. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you
Expert:  Ben Jones replied 2 years ago.
Many thanks for your patience. 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.
At this stage the employer may have tried to recruit for your position but you are officially still in that role and no attempts have been made to remove you. That may change with time but in the meantime you may be best advised to just continue working as normal and try not to get affected by this if possible. He employer could eventually make attempts to remove you but as mentioned they need a fair reason and a fair procedure and your rights on challenging that would depend on what they use as a reason and how they go about it. You have the protection you need under law so if it appears that they are just pushing you out unfairly you can challenge it.
I hope this has answered your query. Please take a second to leave a positive rating, or if you need me to clarify anything before you go - please get back to me and I will assist further as best as I can. Thank you
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