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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48176
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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About 2-3 weeks before 13 May 16, l sent an email of

Resolved Question:

About 2-3 weeks before 13 May 16, l sent an email of complaint about my mentor to my manager who is based in the USA. Then he arrived in the UK on Monday 9-May-16 made a 1:1 meeting with her and did not include me. Then on the Monday, he asked me to pencil in an appointment then cancelled it and then set up another meeting, on 13th this time with the HR Manager. At that meeting, l was asked to give my side of events, which was a waste of time, then after that l was told that l was sacked and to leave the premises after l had removed my belongings. l started at the company in October 2015 , they said that l did not fit well into the company and that l should have been up to speed by now, but l was telling them the problems my mentor was giving me, and gave them a written account of days and times these problems occurred but they were not interested. Instead they gave me a draft Settlement Agreement (SA) which my former employer would pay legal assistance on the contents and the addresses of two solicitors l could visit. Well, l saw a different solicitor to what was suggested by the company he said that the SA gave me the bare minimum and that l did not really have a case to take to tribunal as l wasn't at the company for very long and that the employment contract l had signed, basically said they could get rid of me how they liked. So he wrote back to the company and asked for sum for me to have tax free, instead they offered one third of this amount, but l am not happy at the way l have been treated by the company. If there was a problem with my performance, not once did the Manager get back to me and tell me of his concerns. Actually, l got a reasonable rating regarding performance which entitled me to a bonus payment, which after some haggle l managed to get. Is there anything else, l could consider in approaching my former company, as l think the solicitor l have trying to hurry me up into signing the SA before he goes on holiday, and that he is not giving me the full range of options on how to tackle my employer, as he is being paid only by my employer, unless, l ask him to do something on my behalf which will cost extra. Any advice please? Thanks.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.

Hello can I please check what you are hoping to achieve in the circumstances?

Customer: replied 1 year ago.
Well, I was hoping to get my job back, but that isn't happening now, I am unhappy at how the whole situation was handled, almost like a 'cloak and dagger' operation. I am checking to see if there are any other angles in which this problem can be approached before I sign a Settlement Agreement?
Expert:  Ben Jones replied 1 year ago.

Hi there. Thank you for your response. I will review the relevant information and laws and will get back to you as soon as I can. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you

Expert:  Ben Jones replied 1 year ago.

Many thanks for your patience. Whilst I fully empathise with your position, your employment rights in this situation will be rather limited unfortunately. This is solely due to the fact that you have been continuously employed at your place of work for less than 2 years. As a result, you will not be protected against unfair dismissal or constructive dismissal. This means that your employer can dismiss you or force you 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 you were trying to assert any of your statutory rights (e.g. requesting maternity/paternity leave, etc.).

So in the circumstances you really have no further ammunition to use to your advantage to try and negotiate a larger payout. In fact, until the settlement is formally signed by both parties, it can be withdrawn at any time and to dismiss you all they have to do is pay you your contractual notice period (or a week’s notice if there was no contractual notice in place). That is all they are required to pay you in law to dismiss you in the first 2 years of service so that is a risk you are taking if you try and push them too far when you have no grounds to demand anything extra.

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

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