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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 30929
Experience:  Over 5 years in practice
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I was part of a team who was suspended on grounds of paperwork,

Customer Question

I was part of a team who was suspended on grounds of paperwork, I survived as my paperwork was up to scratch, and are manager stated that I had good potential.
Last week another employee had issues with the area manager and our line manger as she raised concerns regarding other staff. Was asked to come to a formal meeting.
I had my supervision on the 11/07/13, I raised concerns regarding staff. And concerned at what contract I stand on. Because of this.
On 15/07/13 Monday audit was conducted on my files only by my manager and facts were stated falsely, the audit showed a negative reflection on my files, that were not true.
16/07/17 I responded by stating my position as paperwork had gone missing.
My manger was saying don’t worry about it, it will be ok.
I stated that this is false and if I accept this it will be marked down as my performance.
My manger stated that I should just update, the files. I said they don’t need updating I cant accept this.
I said what about the missing paperwork, he said do what you got to do, “you get what I mean” and use different colour pens.
I asked him to look at my files, and audit them so no one can say I forged documents later. He then stated that I should be not worried.
I notifed my area manager who I believe is instigating this,
No one else have had their files audited just mine only I was sent email stating that I should correct these. Which I don’t accept. No one else got email or corrections.
I feel that I am being victimised and feel demoralised, in response to what is happening to me, I feel small and intimidated by this, as everyone else have not been audited.
Now my manger is saying you were sent a letter in june 2013 and one last week. By HR.
I was on a fixed 6 month contract.

i feel this is happening because of what i said in my supervision. which has been dated to 16.07.13. so they can get out a letter out to me and and justify the audit before this date.

to show my performance is bad. what can i do. my area manger is involved.
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is Ben and it is my pleasure to assist you with your question today. How long have you worked there for?

JACUSTOMER-x64rwhre- :

hi

JACUSTOMER-x64rwhre- :

hello

JACUSTOMER-x64rwhre- :

hi

Ben Jones :

Hi, did you see my initial query above?

JACUSTOMER-x64rwhre- :

since december to june initial contract

JACUSTOMER-x64rwhre- :

my contract was meant to finish in june

Ben Jones :

And you had no continuous service with them beforehand?

JACUSTOMER-x64rwhre- :

no

JACUSTOMER-x64rwhre- :

they didnt send me any letter to sign

JACUSTOMER-x64rwhre- :

after my contract finished, but because i have mentioned about concerns they singled me out for audit.

JACUSTOMER-x64rwhre- :

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,

JACUSTOMER-x64rwhre- :

basically falsefy them

Ben Jones :

And you had no continuous service with them before starting with them in December?

JACUSTOMER-x64rwhre- :

no

Ben Jones :

what do you think they want to do with you?

JACUSTOMER-x64rwhre- :

get rid of me, because i had concerns, but they are trying to use paper work to do this bad performance.

JACUSTOMER-x64rwhre- :

i was only one singled out no one else audited

JACUSTOMER-x64rwhre- :

manager says they have but they have not.

JACUSTOMER-x64rwhre- :

area manger states that he has copies of reviews done by my manager. which is false, unless they falsfy them.

JACUSTOMER-x64rwhre- :

i spoke to other staff no audits done on them or no emails sent.

JACUSTOMER-x64rwhre- :

what do you think?

Ben Jones :

ok let me get my advice ready please

Ben Jones :

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.

JACUSTOMER-x64rwhre- :

so despite what they are doing i cant do anything.

JACUSTOMER-x64rwhre- :

how they are singling me out and falsying everything

JACUSTOMER-x64rwhre- :

who do i contact for grievance,

JACUSTOMER-x64rwhre- :

what about the fact i am talked to like a child by my manager and treated like that.

Ben Jones :

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

JACUSTOMER-x64rwhre- :

ok basically there is nothing i can do.

Ben Jones :

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

JACUSTOMER-x64rwhre- :

being the only asian in the team and the youngest

JACUSTOMER-x64rwhre- :

but how do i prove that

Ben Jones :

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

JACUSTOMER-x64rwhre- :

so what would you suggest, i do

Ben Jones :

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

JACUSTOMER-x64rwhre- :

so can they dismmiss me without reason

Ben Jones :

yes they can

Ben Jones :

it is your length of service that lets you down here

Ben Jones :

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.

Expert:  Nicola-mod replied 3 years ago.
Hello,

Just a quick reminder, there is an unrated answer waiting for you here from the Professional.

If the Expert was helpful, rating their answer as satisfactory transfers your deposit to them – this is how the Expert is compensated. If you still need help with your question, please feel free to reply to the Expert on this question page. You may ask as many follow-up questions on the same question page as you need until you are satisfied.

Thank you,
Nicola

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