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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 49454
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Worked for my exciting employer for over a year and

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Worked for my exciting employer for over a year and currently have work grievances that are causing some difficulty. Grievance include issues, under the following headings:1. Contract / Terms of Employment
2. Overtime / Company Flat
3. Transfer / Expenses
4. Permeant location / Role
5. Bonus
6. Sick Leave
7. Misconduct / Disciplinary
Communicating my grievances for a reasonable time but never received appropriate response
Consequently, I became unwell and Doctor has deemed me 'unfit for work'.Instead of appropriate support, employer ordered:
I 'resign' or I would receive a 'termination of employment'.I contacted ACAS for advice and advised my employer.Instead of termination of employment, my employer sent a Notification for a Grievance / Misconduct Hearing scheduled for 48 hours later.First I had heard of any alleged misconduct. Alleged misconduct was from an alleged incident from 5 months previous.I submitted Doctors note to a HR consultant my employer has now instructed requesting to reschedule hearing, which they confirmed.I have now drafted an official grievance letter but am not sure on how to proceed i.e. should I seek legal council before sending my letter?Many thanks

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

So was the incident in question investigated at all, at the time?

Customer: replied 1 month ago.
Hello Ben,First notification I received was 10th January 2018.
Alleged misconduct 12th Aug 2017.
I have not received or seen any investigation evidence

OK, thank you for your response. Leave it with me for now and I will review the relevant information and laws 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. Also, 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.

Customer: replied 1 month ago.
Hi sorry I can't afford to keep paying, esp as I'm concerned my employer might not pay me this month

Hi there, don’t worry the phone call is optional and we can just continue on here with no extra charges.

The starting point is 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 a reason which makes a dismissal automatically unfair. These include:

· Discrimination due to a protected characteristic (i.e. because of gender, race, religion, age, disability, sexual orientation, etc.)

· Taking, or trying to take, leave for family reasons including pregnancy, maternity leave, paternity leave, adoption leave, childbirth and parental leave

· Being a part-time worker

In the event that the reason for dismissal fell within any of these categories, the dismissal could be automatically unfair and there could also be a potential discrimination claim.

However, if the dismissal had nothing to do with any of the above exceptions then you would not be able to challenge it. In that case your only protection would be if you were dismissed in breach of contract. That could happen if you were not paid your contractual notice period (unless you were dismissed for gross misconduct). 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.

In terms of seeking legal advice before sending the letter, not sure what that would achieve as the employer does not have to deal with solicitors at this stage, they can request that all issues are dealt with internally and if that is the case no legal assistance is possible. Solicitors really only get involved once you have started making a formal claim.

If you do have outstanding grievances then send these in now before they terminate your employment because once you are dismissed (assuming that is what happens), they no longer have an obligation to hear them.

I trust this has answered your query. Please take a second to leave a positive rating by selecting 3, 4 or 5 stars above - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please reply on here and I will assist as best as I can. Thank you

Hello, I see you have read my response to your query. Could you please let me know if it has answered your original question? You can either reply on here with a quick ‘Yes, thanks’, or select 3, 4 or 5 stars on this page. I can still answer follow up questions if needed to clarify anything for you. Many thanks

Hello, not sure if you are having trouble seeing my posts? Do you need any further assistance or are you happy with the response to your query? I look forward to hearing from you. Thanks

Ben Jones and 3 other Employment Law Specialists are ready to help you
Customer: replied 1 month ago.
Hi Ben,Thanks for you help, will submit feedback now!
Set me grievance letter (recorded delivery) and they confirmed recipet.
Just wait & see now.
Interestingly, they never had me sign working time directive opt out form - some weeks i did over 70hrs!

Thanks. Just to explain the 48h weekly limit though - it is an average over 17 weeks. So you cannot be doing an average of 48h over a rolling 17 week period. Some weeks you may do 70h, as long as the average over the 17 weeks is below 48h

Customer: replied 1 month ago.
I did 60 hrs every week, for the last 48 weeks Ben! That’s why I’m exhausted! Some weeks within that time I was doing 73hrs in a week! It’s crazy when I think about it.

Yes it is a lot. They should not have asked you to work this much without an opt out. It can be a negotiating point for you