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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48193
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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There, I have an issue with my area manager. I started

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Hi there,
I have an issue with my area manager. I started working in November with Domino's pizza, and I left my current job as an office manager because they offered better pay. I have told them I will need a full training as I worked for this company a long time ago. My store manager was due on holiday for a month in April, but until they have not shown me how to do food ordering, etc. Two weeks ago my area manager came up to me that my work is not good at all, they will watch my performance for the next 2-3 months and if it will not get better They will as me to leave. I asked him to point out my weak areas so I can work on them, because I was standing there hopeless and I did not understand what he is talking about. He pointed a whole bunch of things that I should have known until now, when exactly one month ago he told me I am working great. Also I stated I did not get a full training and how am I supposed to know. He said that's my problem. I even asked him to train me so I can learn everything on the professional way as my company requires me to do so. He did not. Yesterday he told me that an other manager going to be in charge instead of me when my store manager is on holiday. Also, he is from the same country as him and they always talked in their own language even in front of me. I was not fine with it at all, because he did not even look at me and he talked to me. I told him I will report him to headoffice and I am not willing to work here until I don't get the right support. Is there any way you could advice me on this case?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello do you have any specific questions you want me to answer in relation to this?
Customer: replied 1 year ago.
Yes please. So can they ask me to leave the company? What is the procedure if I felt i did not get a full training and I felt he was discriminated me.
Expert:  Ben Jones replied 1 year ago.
so do you think your nationality or race had anything to do with this ?
Customer: replied 1 year ago.
Yes, because when he came in to the store he did not talk to me, he only talked to the other shift runner on his own language.
Expert:  Ben Jones replied 1 year ago.
Ok thank you please leave it wth me I am in tribunal today so will reply fully later today thank you
Expert:  Ben Jones replied 1 year ago.
Many thanks for your patience. The starting point is that you are not protected against unfair dismissal until you have at least 2 years’ service with an employer. So they could potentially dismiss you for more or less any reason as long as their decision is not discriminatory and that would include things like nationality and race. However, do not automatically assume that just because someone is talking to their fellow national in their own language, that the reasons you are being treated detrimentally are due to you being from a different race. There could be other reasons for it, including simple personal dislike which is in no way linked to your nationality. Of course, it could all be down to your race but it is not entirely clear whether this is in fat the case here or not. In any event, you have the right to formally complain about what has happened to the employer. This is done by raising a formal grievance so check f there I a grievance policy in work you must follow. If they decide to dismiss you then you can consider challenging this in the employment tribunal but you can only do so if you can show that race was a likely reason for the dismissal. You have to how that this was the case and then it would be for the employer to try and show that it wasn’t – so they could still try and defend the allegations. So they cannot be stopped from dismissing you whatever the reason, but you are entitled to challenge this if needed afterwards. This is your basic legal position. I have more detailed advice for you in terms of the options you have should this result in dismissal, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there I no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
Expert:  Ben Jones replied 1 year ago.
Hello, I see you have read my response to your query. Please let me know if this has answered your original question and if you need me to discuss the next steps in more detail? In the meantime please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. The question will not close and I can continue with my advice as discussed. Thank you
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Expert:  Ben Jones replied 1 year ago.
Thank you. So if this results in a dismissal you have the right to appeal with the employer first, after which the only option to take this further would be to make a claim for unfair dismissal due to discrimination in the employment tribunal. A new feature in the employment tribunal’s claims process is mandatory early conciliation with ACAS. This requires prospective claimants to notify ACAS and provide details of their intended claim and they would then try to negotiate between the claimant and respondent to seek out of court settlement in order to avoid having to take the claim to the tribunal. It is possible for the parties to refuse to engage in these negotiations, or that they are unsuccessful, in which case they would get permission to proceed with making the claim in the tribunal. If negotiations are initiated and settlement is reached, then the claimant would agree not to proceed with the claim in return for the agreed financial settlement. The conciliation procedure and the form to fill in can be found here: https://ec.acas.org.uk/Submission/SingleClaimantPage In terms of the time limits within which a claim must be presented, the early conciliation process places a ‘stop’ on that and the time between notifying ACAS and them issuing permission to proceed with the claim would not count for the purposes of these time limits.