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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44942
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Hi, 4 weeks ago i started a new job in Supply chain and sourcing

Customer Question

Hi, 4 weeks ago i started a new job in Supply chain and sourcing ... when i got into the job unfortunately it was all sourcing- so i asked whether it would be possible to pick up some projects in supply chain as that was my main interest. This annoyed my manager who said no but I heard nothing of it until 2 weeks ago. I got a phone call from the HR Director saying she was very unhappy with my performance, Id rubbed people up the wrong way and given a very bad impression- to which I was very confused and stated so but she kept saying if there is no supply chain in the role im probably going to have to look else where for a job.
After taking advice I had been looking for other jobs on the basis that the role wasnt what was offered and it didnt look like it was going to change.
The next day the HR Director organised a meeting with me and my manager- knowing that she had spoken to the manager about our phone call I emailed her asking for an idea of the content of the meeting which she responded back that she didnt have time and that id have to wait for the meeting. So I emailed her once more stating I appreciated her time but I was very nervous and anxious and felt I was going in blind. I got another response saying I d just have to wait.
The meeting came and it started with the HR Director having a disadvantages/ advantages style list disadvantages being the way I thought and the advantages the way she thought. After this my manager then went on to say that I was manipulative, negative, back stabbing and twisted peoples words. Not wanting to make things worse I sat and listened and when they pushed for me to answer what they were saying I just said I was very overwhelmed and confused where all this was coming from. I also asked for examples and they dismissed me.
The meeting then went on to discuss the role itself and they basically said its Sourcing or nothing - and implied I would be better leaving so they could recruit someone who was a better fit.
Concluding the meeting I was asked what my plan was- so I replied I was going to carry on and just try my best. I also told them I was very upset and couldnt understand where any of this was coming from.
After thinking about the meeting and some of the comments made by both my manager and the HR director a couple of days later I decided to resign- I felt I was treated very unfairly and was ambushed when I was very vulnerable being a new employee.
I was expecting a general comment of thanks we wish you the best type of email back from my resignation but in actual fact I got a very nasty one from the HR Director stating she was finding a way of removing me from the role of I hadnt of resigned and that my behaviour and attitude was the reason I resigned and not the role itself.
She also stated that I was a very dishonest person because she found out Id had an interview that week and she was very angry at me. In actual fact she never asked me about the interview and if she had of I would have clarified that I wasnt planning on perusing the interview if the role issue was resolved.
I also got a further email from another member of the HR team stating because of my in-depth comments in the meeting she would wave my month notice period. I then question her (considering she wasnt in the meeting) about what she meant by the indepth comments and she said she didnt want to inform me of what she meant.
There were no minutes taken in the meeting nor was I asked if I wanted representation.
I moved 250 miles for the job and took out a 12 month house contract. I also bought a car for the role as it was required.

Somebody please help me with this situation and where I should go from here.
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. What do you actually wish to achieve in this situation?

Customer :

clearing my name

Customer :

and just to see if they have followed the correct procedure

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 or constructive dismissal. This means that your employer can dismiss you or force you to resign for more or less any reason, and without following a fair procedure, 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.

However as I do not see any discriminatory factors at play here, I also do not see any grounds on which you can take this any further. No fair procedure needs to be followed by the employer in the circumstances and once you have resigned the only potential claim you could make is for constructive dismissal, which you cannot make due to your length of service.

Whilst the employer does not have to provide you with a reference in the future, if they do they must ensure that any reference is factually correct and truthful. If the contents are misleading or untrue then that could be a separate claim for negligence but that is a separate matter that may arise in the future.

Ben Jones :

I am just due in a meeting now so please let me know if you have any further questions in relation to this and I will gladly help as soon as I am back, thanks

Ben Jones :

I hope this has answered your query and would be grateful if you could please take a second to leave a positive rating - your question will not close and I can continue providing further advice if necessary. Thank you

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