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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47893
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I'm the CEO of a CIC and need advice on an incident with a

Resolved Question:

I'm the CEO of a CIC and need advice on an incident with a Team Manager. Here's what happened: It was a hectic afternoon and I was with My Team Manager. She mentioned and the criticized a colleague(who's on MT) and the invited me to respond. She then recorded my response and sent it to the very person she was talking about. I was puzzled by her behaviour looked over to her Company iPhone screen. I could see the icon of a voice recording. She said she had mistakenly recorded our conversation and then mistakenly sent it and then mistakenly deleted it.
Can you help?
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. What are your specific queries about this situation please?
Customer: replied 2 years ago.

I feel her actions were dishonest and I have no confidence in her. She has 11 months service. Can I go down the short service dismissal route?

Customer: replied 2 years ago.
Relist: Other.
he asked for clarification and then didn't reply.
Customer: replied 2 years ago.
Relist: Other.
he asked for clarification and then didn't reply.
Expert:  Ben Jones replied 2 years ago.
Hello sorry I was waiting for a bit but was offline by the time you had replied. If she has been continuously employed at her place of work for less than 2 years then her employment rights will be somewhat limited. Most importantly, she will not be protected against unfair dismissal. This means that her employer can dismiss her 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 she was trying to assert any of her statutory rights (e.g. requesting maternity 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 she would not be able to challenge it and her only protection would be if she was not paid her contractual notice period, because unless she was dismissed for gross misconduct, she would be entitled to receive her contractual notice period. If she did not have a written contract in place she would be entitled to the minimum statutory notice period of 1 week. Her employer would either have to allow her to work that notice period and pay her as normal, or they will have to pay her in lieu of notice.
So to could quite easily dismiss her subject to the above considerations.
I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
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