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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48168
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Good morning, I am trying to defend my professional life.i

Customer Question

Good morning,
I am trying to defend my professional life.i am 46 years old with years of sales and management experience .
I am working as sales assistant at a company where I hoped tgat in the clise future I can grow.
I am in the 5th month of my 6 months probationary period.
My line manager doesn't like me so she is doing everything in order for me to not to pass it.
Every answer she got about me from me or from my colleagues, was written in my review after it was given a distorted and different understanding.
On the day i had my first review, after 2 months instead of 3,as I didn't expect this to happen and I was just taken out from the shop floor and only when she has started to write she has told me that this is my first review, my answers were affected because I had no time for preparation.
I did not wanted to sign all those lies but I did only after she wrote in my comments that i consider this review unfair.
I did try to explain to her all what she misunderstood but she maintained her notes even after 3 hours of reviewing her distorted notes.
The only thing she couldn't distort it was my sales figures which were most of the time doubled tripled or more but if what she wrote in my review would be true, I would not be able to sell anyone anything .
Nevertheless I decided to take all what she said on board in a positive way and to do even a better job I have done before.
Even when the store seemed empty I was still reached my weekly sales targets even 3 times in just 1 day.
My reviews from customers are excellent and some are sent straight to the CEO Itself about my excellent customer service.
Now I am facing the final review and I feel she is not putting me through in a positive way especially after what happened.
The company organised a sales event for a charity called Mind.
Every employee had the opportunity to buy 4 used items like this we are helping this charity.
I went there I bought 4 used items, and I went back again after nobody was there and they just couldn't sell the rest so I bought 2 more items.
No receipt for them.
So 6 items £ 60.
After 1 week I was called by my line manager and a person from Hr to answer some questions regarding why and how come I bought 6 items and not just 4.
I have said I bought 2 more as I did not wanted to change 2 of the items as this is for a charity and the whole point is to raise more money. So I have said that I buy 2 more INSTEAD of some of the colleagues doesn't buy anything like one of my colleagues from my department Olivia who is even on the shop floor and she definitely doesn't want to participate at this event.
I was treated as a criminal I was offended with their tone of voice I was told by HR person that they are not going to give me the copy of this signed statement because they don't feel comfortable with, me walking on the shop floor with these printed pages.
Then when they have seen that I am not leaving without it they told me that they will givw a copy only if i promise that I will not speak to anyone in the company about this.
I told them that I will go straight to the GM to coplain for this absurd treatment and I did that.
GM listened to me and promised he will speak to head of HR on his next working day and he did that.
I have also sent on email to him on his request my notes about the previous review as i felt misstreated in several occasions,only that in the same day I was called again by these 2 persons my line manager and the person from HR telling me that they open a disciplinary action on me because I bought 6 items and not 4 and I said that I buy instead one of that colleague of mine.
I really feel that they have no grounds on doing that and I went back to the GM who together with the Head of HR told me that they are trusting these 2 persons and that in the disciplinary I will be able to speak up for myself and they will decide right after what will happen to me.
I almost had a heart attack and I didn't feel well so I had to leave work as I could not think anymore about my job. It is very strange how this company support a charity who is caring about people who are depressed and commit suicide after being depressed and I feel I am pushed towards depression right by them with this unfair treatment.
I went to the Dr next morning and the Dr signed me off for stress for 2 weeks.
I notified them and even so they have said they will send me the email about the disciplinary,I did not receive anything and I do not know what is going to happen when I will be back on 16th.
Please give me an advise what to do because I feel like I am all alone .
Please let me know or call me ***********
Thank you.
Elisabeta Soptelea
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. What are you hoping to achieve? Remain in your employment?
Customer: replied 1 year ago.
Hi, yes if I could have another line manager as I do not trust her anymore but I might not have the oportunity as I am sure she would like to add this disciplinary to my last review and have a reason not to pass me.
On the same time I can t go through a disciplinary because this would affect my professional future.
What choices I have in your opinion?
Expert:  Ben Jones replied 1 year ago.
Hello Elisabeta, do you know why she may dislike you, are there any specific reasons you could think of?
Customer: replied 1 year ago.
I have no idea.
I am not doing anything else but working very hard.
I did mentioned her that based on my experience in management I want to progress.
Customer: replied 1 year ago.
All the colleagues around me and the concessions managers as well they see how hard I work and in fact they are going to write down this and sign.
Expert:  Ben Jones replied 1 year ago.
Thank you. The issue here would be that if you have been continuously employed at your place of work for less than 2 years then your employment rights will unfortunately be somewhat limited. Most importantly, you will not be protected against unfair dismissal. This means that your employer can dismiss you 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 you were trying to assert any of your statutory rights (e.g. requesting maternity/paternity leave, etc.). So in effect it is entirely possible that the employer takes you through a disciplinary or performance review and even dismisses you based on completely untrue factors – you will not be protected against the dismissal due to not having the required length of service. Sadly that is entirely permissible in UK law. The issue would come in later on if for example they provide a reference to a future employer and the contents of that reference are untrue or misleading – these are where your rights will be better. This is your basic legal position. I have more detailed advice for you in terms of the legal rights you have in terms of receiving accurate references, 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
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Customer: replied 1 year ago.
What can I do?
Should I resign?
They are pushing me to resign because I can not bare anymore their silly questions regarding 6 items not 4.
They have damaged my health with the way I was treated.
Expert:  Ben Jones replied 1 year ago.
If you think that they may dismiss you anyway then it may be best to resign and then at lest you will not have to say you were dismissed from this employer. You could just approach them and ask them to agree for you to be let go. In terms of references, whilst there is no legal obligation on employers to provide a reference for past employees, if they choose to do so they will automatically owe them a duty to take reasonable care in its preparation. This requires the employer to be accurate in the contents of the reference and ensure it is based on facts, rather than just personal opinion. Certain principles have been established through case law over the years and the main points can be summarised as follows: 1. In the case of Bartholomew v London Borough of Hackney the employer provided a reference which contained details of disciplinary proceedings which were pending at the time the employee left. The court decided that the employer had not breached its duty of care by providing such a reference as it would have a duty to provide a reference that is true, accurate and fair and does not present facts so as to give a misleading impression overall. Therefore, if the employer had not included details of the disciplinary proceedings it would have failed in its duty to the prospective employer to provide a reference that was not unfair or misleading. 2. In the later case of Cox v Sun Alliance Life Ltd the employer provided a reference that contained details of an employee's alleged misconduct. However, they did not properly investigate these before providing the reference and the employee challenged the information in it. The court decided that an employer will be negligent in providing a reference that refers to an employee’s misconduct unless the employer had carried out an investigation and had reasonable grounds for believing that the misconduct had taken place. This can be applied to other matters forming part of a reference, not just issues of misconduct. So if it is obvious that incorrect facts have been relied on, the contents are false or misleading, there may be a potential case for negligence against the employer and this matter could be taken further by seeking compensation in the county court for any damages caused.
Customer: replied 1 year ago.
Thank you very much for your response.
Expert:  Ben Jones replied 1 year ago.
You are most welcome, all the best