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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44875
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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My husband has been with his current employer 1 year on 18

Customer Question

My husband has been with his current employer 1 year on 18 April 2013. Has had no issues and received a promotion wef 1 Feb 2013 (which involved a move to another branch). Within the last few weeks, he has become aware through "contacts in the industry" that a newly appointed manager (who will be his new boss and this has been announced officially) is joining from a competitor company and bringing people with him. One of those people has been told he will be getting my husband's job. My husband has just been to see a customer who has also been told "off the record" that someone else will be in his place very soon. The customer was told in confidence and won't be prepared to back up what he said.
Also, my husband had a business meet with the Director who has appointed this new guy (and who has been running the area for the last few months and previously had nothing but praise for my husband). The meeting was a hard hitting demand for achievement of new and unrealistic targets by end April (or we will be having a very different type of meeting"
My husband know he is being managed out.....seems ridiculous following promotion wef 1 Feb.
We understand he can't even claim constructive dismissal because it is now 2 years in employment.
What about "bullying". Any advise would be so welcome - we feel sick to our stomachs with worry. Thanks
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.
Hello, my name is XXXXX XXXXX it is my pleasure to be able to assist with your question today. Please let me know what is your specific question about this?
Customer: replied 3 years ago.

For Ben Jones only


 


My specific question is can you please advise what action you suggest my husband takes to deal with this situation. In the space of 2 weeks he has gone from being praised and rewarded for a good job to hearing someone is on the way to take his job.

Expert:  Ben Jones replied 3 years ago.
His rights will be rather limited I'm afraid. As you have correctly identified, as he has not been employed there for more than 2 years he will not only be unable to claim unfair dismissal if sacked, but also will not be protected against constructive dismissal. This means that his employer can dismiss him for more or less any reason, 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 he was trying to assert any of his statutory rights (e.g. requesting 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.

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

If he was not paid his notice period when he was due one, that would amount to wrongful dismissal (which is different to unfair dismissal) and he could make a claim in an employment tribunal to recover the pay for the notice period that he should have been given. There is a 3-month time limit from the date of dismissal to submit the claim.

In terms of bullying, there is no standalone claim he can make for that and he can only 'attach it' to another valid claim, such as unfair or constructive dismissal, however he cannot do that as explained above. So the only recourse he will have is if he can show he has been discriminated, or if he is not paid his notice period.

I'm sorry if this is not necessarily the answer you wanted to hear but I hope you understand I have a duty to explain the law as it actually stands and sometimes this does mean delivering bad news. Please let me know if you need me to clarify anything.

Please take a second to leave a positive rating as that is a very important part of our process. Your question will not close and I can continue providing further advice if necessary. Thank you
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44875
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Law Specialists are ready to help you
Customer: replied 3 years ago.

For Ben Jones only


 


Ok, thanks. Can't believe employers are allowed to get away with this - they should realise they are messing with peoples lives.

Expert:  Ben Jones replied 3 years ago.
I totally agree, and whilst employees with short service will still have certain rights, the law does try and create a balance where not every employee will be able to just claim against their employer if they do not agree with certain decisions. Sadly it is how the law works
Customer: replied 3 years ago.

For Ben Jones only


 


Just a thought, but would it be worth my husband raising this issue under a grievance procedure...... ie. been given 6 weeks to achieve unreasonable targets (these are sales based targets when he has just been moved into an under-performing branch) and that customers know and "the grape vine" knows what is being done

Expert:  Ben Jones replied 3 years ago.
he has the legal right to raise this through a grievance if he wishes

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