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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46794
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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We are trialing a non bonus scheme at work ( insurance

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we are trialing a non bonus scheme at work ( insurance company)part of this work is what they call systemic thinking. As part of this we have to find solutions to problems. One problem we have is that we do not have or charge very high process for under 25 drivers as we offer better rates to the more mature driver. As part of this process I found a company online that offered a service that allowed policy holders to stay with our company whilst still allowing their under 25 children or grandchildren to take out a separate policy with this company.I made a personal recommendation on the phone to a customer for this company and also put this is as an idea to our continuous ideas team for us to subcontract this work to them or similar.
I am concerned if I may have broken any rules which could lead to my dismissal by recommending such a company .As all call are recorded if the company wanted to could this lead to my dismissal?
Submitted: 8 months ago.
Category: Employment Law
Expert:  Ben Jones replied 8 months ago.

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

Expert:  Ben Jones replied 8 months ago.

Is there anything in your contract that would suggest this to be against company policy? Also, please can you tell me how long you have worked there so that I can advise?

Customer: replied 8 months ago.
I have worked there two years .not sure about the contract haven't seen the copy in ages
Expert:  Ben Jones replied 8 months ago.

OK no problem and thank you for your response. I will review the relevant information and laws and will get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Also, please do not responded 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 8 months ago.

Can I just check exactly how long you have worked there for please as that is important, thanks. Also you mention breaking of rules but are there any specific rules you have broken, or are you just generally concerned?

Customer: replied 8 months ago.
exactly 2 years next week no specific rules i am aware of just concerned as they seem to be pushing people out at the moment and iam afraid I could be one of them
Expert:  Ben Jones replied 8 months ago.

Thank you. Legally you have not broken any rules so this will really come down to any internal rules that may exist in the workplace and which are defined by the employer. So it would depend on whether there were any policies in place which dealt with such situations and restricted what you can do in such circumstances or identified such actions as potential misconduct.

However, the main issue here, at least for the next week, is going to be your length of service. That is because 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 it may be a nervous several days until you get over the 2 year anniversary but once you have those two years behind you, t will be more difficult for the employer to consider dismissal and they must show there was a potentially fair reason for doing so and follow a fair procedure. In the absence of any specific policies restricting what you did, then it may be considered unreasonable to dismiss and you could potentially challenge it.

This is your basic legal position. I have more detailed advice for you in terms of the rights you have to challenge a potential 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 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: 46794
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Employment Law Specialists are ready to help you
Expert:  Ben Jones replied 8 months ago.

Thank you. In the event a dismissal occurs after the 2 year qualification period has passed, an appeal can be submitted to the employer straight after the dismissal outcome is communicated. If the appeal is rejected a claim for unfair dismissal can be made in the employment tribunal. The time limit to claim is 3 months from the date of dismissal and as mentioned you need to have at least 2 years' continuous service with that employer.

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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