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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44874
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Good morning I had recently

Customer Question

Good morning I had recently taken up a post of Head of talent ID for AFC Wimbledon, and had a job discreption and a contract . I came in the middle of a EPPP audit which is very important because all the academy funding rest on them passing that audit . I took up the post on the 30th of october but was invited on the 29th of october the watch the young teams play so i excepted this offer while watching the games the youth operations direct spoke to me and asked my oppion and my answer was truthful and in my oppion accurate he then truned around and said just be patient only we dont want to rock the boat and that if you have any trouble from your head of operations or coaches let me know . I thought this very strange on talking with the head of operations and giving my oppion to him you could see the change . On the 30th i turn up for work i am given the EPPP documents that i should learn for my department i had no desk no computer no ID no AFC wimbledon uniform in the way of sports clothing and was exspected to carry out my duties as head of recuritement . i notice over the month of my stay documentaion had been changed lessing my authority in my department. so i contacted the director of youth who had already stated that i may have trouble and told him that i was being underminded by the head of operations a XXXXXX XXXXXX who no matter what i said it was no it this way or that way. the crunch came when i was asked to watch the u14s play its was so poor that my report refecked that the Head of opps went to the D O Y and complined about me which lead him speaking with me i told him that it was not only my oppion but also that of the u14s manager . XXXXXX XXXXXX  that afternoon phoned the head of the academy who him self was on gardening leave and told him i was trouble and i needed watching this was ovious that that message had gone out to the coaches because i had only limited converstion with any of the staff . i sat the mock audit with two reps from the football league withXXXXXX XXXXXX  sitting in on that the comments from the league guys was brillent exellent in front of them he jerey Sauer turns around and says well done but you left out youth phase and you used the word age group this showed in his face . that afternoon i had a meeting with the DOY and he sai0d he.22222222had told him to showme some respect

Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones : Hello, my name is ***** ***** it is my pleasure to assist you with your question today. What is your question about this?
JACUSTOMER-xkwn1k5p- :

My question is this if you have read my customer inquiery have i a case for harrasment or any contactal and job discreption failef ,

Ben Jones :

ok let me get my response ready please

Ben Jones :

Just to clarify - are you still employed by them? Also were you an employee or self employed?

JACUSTOMER-xkwn1k5p- :

No i handed them my notice but stated that if they requiered i would work i told to leave immedeately.

Ben Jones :

And were you an employee or self employed?

JACUSTOMER-xkwn1k5p- :

I was empolyed on a part time contract

Ben Jones :

What was your notice period?

JACUSTOMER-xkwn1k5p- :

one month

Ben Jones :

are they paying you for this?

JACUSTOMER-xkwn1k5p- :

no i have received no pay todate

Ben Jones :

OK what you have described will not amount to harassment. The police will certainly not be interested in this and the civil courts are unlikely to see this as an issue amounting to harassment for which civil claim should be allowed.


 


This is simply a matter of the employer and employee not seeing eye to eye and a decision by the employer to terminate the employee's contract.


 


Now 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 or force you to leave 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.).


 


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.

JACUSTOMER-xkwn1k5p- :

so for discerediting my name to others and telling them i was trouble and had to be watched the facy the DOY telling me that if i received and trouble to tell him befor i had even started

Ben Jones :

I understand this is not professional but to call someone 'trouble' is not serious enough to justify any legal action. To be honest the only time you would realistically be able to challenge such comments is if they were made in a formal reference and your future employment was affected as a result

JACUSTOMER-xkwn1k5p- :

ok thanks i still find this hard to belive that people can be have in this way and think it should not happen to any one i will look to get my money out of them or ill seek a tribunal .

Ben Jones :

concentrate on the money as that is the priority here and what you have most rights with. If they continue saying bad things about you just warn them it is potentially defamatory and you will seek further action if needed - you are unlikely to but it will serve as a warning

Ben Jones :

Please let me know if this has answered your query or if you need me to clarify anything else for you in relation to this?

Ben Jones :

I hope this has answered your query. Please take a second to leave a positive rating, or if you are unhappy for some reason with the advice - please get back to me and I will assist further as best as I can. Thank you very much

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