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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47594
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have left a company employed as a warehouse manager where

Customer Question

I have left a company employed as a warehouse manager where I was never offered a contract or even signed one. I was payed a salary and worked for the business for 5 months. Where do I stand.
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.

Why did you leave and what are you ideally hoping for?

Customer: replied 8 months ago.
I raised an issue on health and safety due to work area and then was told I was being negative and being defensive.The job was advertised as a warehouse supervisor but he had told me it was a managers job but was never offered a contract or have even signed one.
Expert:  Ben Jones replied 8 months ago.

OK thank you, ***** ***** it with me. I am in court for the rest of today so will prepare my advice in a while and 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. Thank you.

Expert:  Ben Jones replied 8 months ago.

Many thanks for your patience. There are only two potential claims you can make here – one is for constructive dismissal, where you are forced to resign as a result of the employer’s unreasonable behaviour. The other is a claim for detrimental treatment due to making a protected disclosure.

First of all for a constructive dismissal claim you need to have 2 years’ service and you have only been there for 5 months so you would not be able to make that claim in this case. This leaves you with a claim for detrimental treatment due to making a protected disclosure. This is also known as whistleblowing claim. However, to be able to do this you need to show that you have made a protected disclosure. This can include matters relating to health and safety as long as they are in the public interest. This requirement is key so it must be an issue which affects the health and safety of others and which is also relevant to the public, i.e. to others rather than just you.

If you have made such a claim then the employer treats you detrimentally for making that claim, you can consider making the claim for whistleblowing in the employment tribunal, which must be done within 3 months of the alleged detriment taking place.

Please take a second to leave a positive rating for the service so far by selecting 3, 4 or 5 stars. I can continue answering follow up questions and in particular can also discuss the steps you need to take to pursue this further. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can still continue this discussion. Thank you

Expert:  Ben Jones replied 8 months 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

Expert:  Ben Jones replied 8 months ago.

Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.

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