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Hello, my name is Ben and it is my pleasure to assist you with your question today. How long have you worked there for?
Hi, did you see my initial query above?
since december to june initial contract
my contract was meant to finish in june
And you had no continuous service with them beforehand?
they didnt send me any letter to sign
after my contract finished, but because i have mentioned about concerns they singled me out for audit.
and made false claims, some paperwork has gone missing, i have recordings of my manger saying to to do what i got to do with the files,
basically falsefy them
And you had no continuous service with them before starting with them in December?
what do you think they want to do with you?
get rid of me, because i had concerns, but they are trying to use paper work to do this bad performance.
i was only one singled out no one else audited
manager says they have but they have not.
area manger states that he has copies of reviews done by my manager. which is false, unless they falsfy them.
i spoke to other staff no audits done on them or no emails sent.
what do you think?
ok let me get my advice ready please
If you have been continuously employed at your place of work for less than 2 years then your employment rights will 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, 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.
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. 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.
If you were not paid your notice period when you were due one, that would amount to wrongful dismissal (which is different to unfair dismissal) and you could make a claim in an employment tribunal to recover the pay for the notice period that you should have been given. There is a 3-month time limit from the date of dismissal to submit the claim.
At this stage you may consider making a formal complaint to your employer by following the grievance procedure at work. Whilst that may stall the process for a short while and prompt the employer to look at your complaint in more detail there is no guarantee it will avoid a potential dismissal and the employer can still go down that route subject to the conditions I mentioned above.
so despite what they are doing i cant do anything.
how they are singling me out and falsying everything
who do i contact for grievance,
what about the fact i am talked to like a child by my manager and treated like that.
these are all issues that can be raised as a grievance but from a legal point of view unless you are treated like this because of one of the excepted reasons I mentioned above, doing something about it will not be possible - you can leave but cannot claim or they can sack you and you can still not claim
ok basically there is nothing i can do.
apart from the grievance and also if you can show that the reason you have been treated this way was because of a protected reason as discussed above
being the only asian in the team and the youngest
but how do i prove that
that is the issue you have to show that there is some link between your race or your age, for example past comments etc but that may not be easy - it is entirely possible for these characteristics to be just circumstantial and have nothing to do with the employer's decision
so what would you suggest, i do
at this stage the grievance is your best bet then see what the employer does and you will have to evaluate your position as matters develop
so can they dismmiss me without reason
yes they can
it is your length of service that lets you down here
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.