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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46144
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Iv worked as a employee for 16months at present contracted

Customer Question

iv worked as a employee for 16months at present contracted salary,
For the last 4/5 I feel my line manager has tried her hardest to make my life a misery.
I feel I'm being victimised and discriminated in the work place.
The latest is my manager has put me on a performance improvement plan for fictional reasons I feel where made up my appeal was pretty much ignored. Dispite having no clear evidence or reasons for doing so the p.i.p still went ahead!
I have made a grievance with the HR department but really don't feel it was dealt with correctly l also have just appealed this too!
I love my job and colleges, and my department sales profit and targets have always been achieved or exceed since I took over but the way I'm being treated is causing my serious anxiouity and distress I feel like I'm being forced out of my job and bullied at work, when all I do is come to work to work!!
Is there any other legal routes I can take?
Submitted: 6 months ago.
Category: Employment Law
Expert:  Ben Jones replied 6 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 6 months ago.

On what grounds do you think you are being discriminated?

Customer: replied 6 months ago.
For my age
Customer: replied 6 months ago.
I'm a lot younger and qualified then most department leaders
Expert:  Ben Jones replied 6 months ago.

but has there been any evidence that age was a factor, or do you just assume that?

Customer: replied 6 months ago.
I'm very frustrated at the moment and feel I'm being forced to leave on my own accord which I really don't want to do.
I have no doubt I'm being victimised by my superior at work.
There can be evidence none of which will probably state my age is a concern.
I feel my age is the only thing I can genuinely be getting targeted for as I excel in every other area of employment.
Expert:  Ben Jones replied 6 months ago.

Thank you. 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 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.). In the event that the reason for dismissal fell within these categories, then the dismissal will either be automatically unfair, or there will be a potential discrimination claim.

You say you believe that age is a reason for this treatment but you will have to provide some evidence of that before you can make a claim against them.

If the dismissal had nothing to do with any of the above exceptions then you would not be able to challenge it and your only protection would be if you were not paid your contractual notice period, because unless you were dismissed for gross misconduct, you would be entitled to receive your contractual notice period. If you did not have a written contract in place you would be entitled to the minimum statutory notice period of 1 week. Your employer would either have to allow you to work that notice period and pay you as normal, or they will have to pay you in lieu of notice.

This is your basic legal position. I have more detailed advice for you in terms of the options you have on taking this further if a dismissal takes place, 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 is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you

Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46144
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 6 months ago.
Thanks Ben
Expert:  Ben Jones replied 6 months ago.

You are welcome. In te event that a dismissal occurs and the reasons behind it are discriminatory then an automatically unfair dismissal claim and age discrimination claim can be considered. You have 3 months from the date of dismissal to do this.

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.

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