How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ben Jones Your Own Question

Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46189
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Employment Law Question Here...
Ben Jones is online now

My daughter in-law was hired as an accountant and admin manager

Resolved Question:

My daughter in-law was hired as an accountant and admin manager (in a care home) and completed her 3 month probation learning and execution all tasks as set out in her hiring document but her manager then made another employee redundant and added those new responsibilities to the probation and refused to acknowledge that she has completed her initial probation. This has gone on for 7 months now each month the interview with the manager results in new tasks to learn before she will sign off for the completion of her probation. She is now completely overwhelmed with work and suffering loss of sleep and is often in tears.
An added issue is that she has recently told her employer that she is undergoing IVF.
Is there anything she can do short of quitting.
Martyn Vernon
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello has she formally complained to the employer?
Customer: replied 1 year ago.
Not formally complained yet but planning to subject to advice
Customer: replied 1 year ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 1 year ago.
If you need my home phone number it is 01953 886869
Expert:  Ben Jones replied 1 year ago.
Hello, sorry I was offline by the time you had replied and have only just returned. Would she be entitled to improved terms if she passed her probation period, such as higher pay, longer notice period, other benefits? Also do you think she is being treated detrimentally because she is undergoing IVF?
Customer: replied 1 year ago.
She was verbally promised a pay rise (not in the contract) so only contractual improvement would be that instead of one week notice will go to one month when she completed her probation. But she wants some certainty of employment.They do keep asking about the IVF but so far she does not think she is being treated detrimentally but the stress caused by the endless increase in duties has her caused problems.
Expert:  Ben Jones replied 1 year ago.
Thank you. The main issue here is that if she has been continuously employed at her place of work for less than 2 years then her employment rights will unfortunately be somewhat limited. Most importantly, she will not be protected against unfair dismissal or constructive dismissal. This means that her employer can dismiss her or force her to leave 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.). It does not appear that there is any discrimination at play here however. Her only rights legally would be to enforce any terms which would have applied following completion of probation. Unless the contract said that probation could be extended, the employer cannot enforce that so once the initial period had been completed she should have moved over to the terms which apply after completion. She I free to raise a grievance as well, to formally complain to the employer about the issue but that does not guarantee satisfactory resolution and technically it would not prevent the employer from dismissing her as a result, so she should consider how far they ma be willing to go in the circumstances. I'm sorry if this is not necessarily the answer you were hoping for, however I do have a duty to be honest and explain the law as it actually stands. This does mean delivering bad news from time to time. I hope you understand and would be happy to provide any further clarification if needed. If you are still satisfied with the level of service you have received I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 starts at the top of the page. Thank you
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46189
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and 4 other Employment Law Specialists are ready to help you
Customer: replied 1 year ago.
Many thanks
Expert:  Ben Jones replied 1 year ago.
You are welcome, all the best

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Ben Jones

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    10609
    Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
< Previous | Next >
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    10609
    Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    41
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Laywer

    Satisfied Customers:

    49
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/taratill/2010-03-09_111600_phpsik04M_c2AM.jpg taratill's Avatar

    taratill

    Solicitor

    Satisfied Customers:

    671
    15 years experience of advising on employment law matters
  • http://ww2.justanswer.com/uploads/LI/li/2014-12-19_134845_lexughes.64x64.jpg Alice H's Avatar

    Alice H

    Solicitor Advocate

    Satisfied Customers:

    99
    Partner in national law firm with 20+ years legal experience
  • /img/opt/shirt.png tdlawyer's Avatar

    tdlawyer

    Laywer

    Satisfied Customers:

    53
    Lawyer with 9 years experience in employment related issues.
 
 
 

Related Employment Law Questions