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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46238
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I would like to discuss an email we have received from

Customer Question

Hi,
I would like to discuss an email we have received from an employee that was dismissed last week.
There are several points in the email I would like to dicuss.
Regards.
James.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello please post your queries and I will try and help
Customer: replied 1 year ago.
Ben,Thanks for the prompt response. Please see the information below. I am available now for further information/questions/discussion. I've also attached the dismissal letter we issued.Regards,JamesThe employee has worked in the organisation for 8 months. Performance issues have been going for several months but include; failure to correctly manage accounts, incorrect entry of information; failure to ensure a safe & clean working environment; challenging attitude towards several members of staff.She was dismissed on Friday.I would like to understand the following on the points below;Point 1 – is the following response fair and correct in line with employment law?-------- our response ------------
In the case of signed contracts and offer letters, you have not provided electronically signed copies of these documents, as requested and therefore they are not located in the drobox folder you have referred to. We are searching the filing system for them, but it has been left in considerable disarray. We will send copies of these documents once located. I however, would like to remind you that since you have been provided with copies of these documents when you first joined the company, and after over eight months of working to the terms of the contract and taking the salary under custom and practice, you are deemed to have accepted these contract.Point 2
are we required to provide a detailed list of reasons / justification? If so, what information should we include?Point 3
She has been in contact with employees regarding return of information. Do you consider our response to be fair? Should we be providing anything else?-------- our response ------------
I am also aware that you have been in contact with several members of our staff, Endaff Bowen and Wayne Jenkins and discussed the return of personal files. You have specified to these employees, the location and nature of the personal files you wish you retrieve. Today, I authorised the retrieval of the files you requested they copy for toy and I have authorised the release of the USB drive you requested. These were due to be returned to you, during a meeting you had arranged with Wayne Jenkins on evening of 16/11/2015.I have also attached a copy of your dismissal letter, in which we have stated that you will not be required to work your notice therefore your employment. During this time, we are not required to give you access to company systems that contain company confidential information.Point 4
I would like your view on these comments to understand what consideration we should give to any response on these comments.Regards,James.---------------- original email from employee ---------------------------Point 1
I acknowledge receipt of pdf of My Contract and Offer letter in your previous email, however I do no acknowledge the authenticity of these documents as they do not contain my signature. Please send me via email or hard copy the original signed Contract and offer letter as requested, you will find these in the HR folder on the dropbox listed under my name.Point 2
I remind you that I still have had no response with regard to the 'performance issues' that you state are the justification for my termination of employment. My letter of termination only states 'performance issues' and again I put it you that these have not been explained, nor has evidence of these performance issues been provided.Point 3
I yet again reiterate that under my current position of being on garden leave I have the authority to access my work email and I strongly advise that you grant me this. Your offer of forwarding private documents to me is not accepted. I do not wish for you to access my private files on the desktop of the laptop I used in your employment.Point 4
I put it to you that the reason for this is because you and I both know that there are emails and chat conversation on Slack internal chat system from yourself to me that are not only discriminatory in their tone but also completely unprofessional, unjustified and unacceptable. Notwithstanding your decision to prevent my access to these documents and statements I must stress that your refusal to cooperate indicates guilt by association.
Expert:  Ben Jones replied 1 year ago.
Thank you, ***** ***** review the information and get back to you. Are you ok if I do this in the morning please?
Customer: replied 1 year ago.
Yes sure - that's fine. Thank you.
Expert:  Ben Jones replied 1 year ago.
Good morning and thanks for your patience. To answer your specific questions: Point 1 – yes that is fine. You are correct that even if the documents were not signed or returned, the fact that she has started working under their terms means that there was likely an implied acceptance on her part. Point 2 – no you are not. Under law, only someone with more than 2 years’ service is entitled to receive written reasons for their dismissal. In this case you are not obliged to provide that. Point 3 – yes fine too. If she has personal belongings or data in your possession then she is entitled to receive those back but that does not mean she should be allowed access to company premises or any remote/electronic access. She is not on garden leave as she has stated – she has had her employment terminated with immediate effect by being paid in lieu of notice. She therefore has no right to access anything and all you have to do is ensure that she is given anything that belongs to her. She does have the right to request any personal information held by you but it does not mean giving her access to it, just that she must be issued with it if requested. The only other issue is that she has claimed there were discriminatory comments – do you know what she is referring to? Thanks
Customer: replied 1 year ago.
Hi,
Thanks for the comments. Yes, the discriminatory comments is the part that has caused us to consider our approach. We are not aware of any communication that has been issued formal or informal on which she has any basis to consider our approach to be discriminatory on rounds of gender, race, religion or any other matter.We consider this approach to be an attempt to distort the process. The matter was handled in a fair manner. The senior leadership decision which was taken, includes 2 senior female members of staff, both who cited professional as well as trust issues as forming the basis for their vote to dismiss her.We believe that these comments are being made, at a time when the situation is still quite sensitive to her, but I also feel that she is receiving some poor advice from people she considers to be advisors. However we remain committed to ensuring that this process is fair, professional and in no way discriminatory on any grounds. How should we best proceed in responding to this comment, which we believe to be entirely baseless?Regards,James.
Expert:  Ben Jones replied 1 year ago.
Hello again, the starting point is that with less than 2 years’ service she is not protected against unfair dismissal. However, if the reasons for the dismissal were related to discrimination, she could still try and claim automatic unfair dismissal. However, as you have correctly pointed out this can only happen on limited grounds, such as gender, age, race, religion, disability, etc. Unless she can show that the dismissal was because of any of these, then she cannot challenge it. At this stage I would not get too concerned. Do not mention discrimination in your reply and let her provider the proof she is claiming exists. Just stick to the replies we discussed earlier. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. 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
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46238
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Employment Law Specialists are ready to help you
Customer: replied 1 year ago.
One final question. the above contains names of people. please can these be edited our as I believe this information may become public?
Expert:  Ben Jones replied 1 year ago.
Yes of course I will ensure that happens. Thank you for the rating and all the best

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