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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48497
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Hello I need some advice as to what I should do. I feel that

Resolved Question:

Hello I need some advice as to what I should do. I feel that I have been victimised and unfairly dismissed from Job.
Everything was going fine until the owner (Gillian) employed a friend of the family (Pippa) to be assistant manager. While Pippa was in charge she wanted to change our ways to match the ways of a similar store that she was working in. I decided to confront her about these changes because I knew that at least two out of four of the owners (Scott and Danielle) wanted things to be run in a particular way when I did, all I got back was abuse. Ever since then Pippa kept picking on me and keep telling me to do things in a certain way for example, only having one jar on the counter at a time, when I had two because a customer wanted a mixture of sweets she went ballistic at me when it was only when me and her in the shop and shouted comments such as "when I’m in charge you will do what I tell you to do!" I felt that this was highly unprofessional as I did not deserve to be shouted at like that. After a few days when Scott was back in I told him about the incident, he agreed with me that she shouldn't have shouted at me and that he would take care of it.
Nothing happened so I told another manager Danielle about the incident she said to me that she would deal with it as Scott doesn’t like conflict and will do what he can to stay out of it but still nothing happened.
One day Gill asked to talk to me about my behaviour, she felt that the way that I talked to certain people was rude, too forward. for example the way that I spoke to her husband (John the fourth owner), apparently telling him what to do, the only instance I can remember doing this was when we were very busy with delivery and I asked him to take up a trolley, I also saw that the way that he had stacked it could have been better so I suggested where to put a couple of boxes so we could fit more on, he agreed with me at the time, so don’t understand why this wasn't mentioned before. Gill didn’t talk to me about the incident but said that I had to listen to Pippa when she was in charge. Gill gave me a verbal warning and the next day gave me a written warning for the same thing, I apologised to Gill and kept my head down and tried to stay away from Pippa as much as possible. By this time I was getting fed up of the whole situation. I could not talk to Gill about Pippa as I felt that she would not listen and would ultimately take her side over mine because they were friends and decided I should start looking for another Job. In November I found a new Job at Tempur and decided to take it.
Four days after handing in my notice, Gill offered me an assistant manager position in order to get me to stay, she told me that I am an exceptionally hard worker and trustworthy, that I would benefit the shop If I helped run it over Christmas and In the New Year. She explained that all four managers, were going away for a family holiday and she needed someone responsible to run the shop, as Pippa would be leaving to start at a school work placement in January, She tried to bribe me by saying that I would be given a pay rise and an added bonus for looking after the store while they were gone.
I had to seriously think about this so I decided to talk to Scott, I asked him that If I started this new job and didn't get on there would I be able to take up their offer? and he said yes off course.
So I was at Tempur for a week and decided that going back to Mr Simms was the lesser of two evils, I went back to Mr Simms thinking that maybe it would be better knowing that would not have to work with Pippa for long.
As far as I was aware things were going fine and I did “a fantastic job while they were away.” No problems what so ever.
Pippa then asks for some shifts back in the shop to get more money. Saturday 1st of Feb was her first shift In over a month so I decided to fill her in with what we were doing and who this was the way that Scoot and Danielle wanted it to be run, but she didn’t want to listen to me and continued doing things the way she wanted, so I asked Scott to ask her not to fill up the Pick n’ Mix too much as that’s what he asked the rest of us not to do. He didn’t ask her and He spent allot of time talking with Gill and John that afternoon.
I was off Sunday and Monday and came into work Tuesday, only to be told by Gill that they were going to let me go I asked why exactly and she couldn’t give me an exact answer she said that I’ve been talked to about my behaviour before about the things that I’ve said and that people have been complaining about me and what I’ve said to people. When I asked for an example and who said it, the only thing she could give me was that I said that I’d better get a pay rise if the national minimum wage goes up to £7, but the other people in the room were also joking about it at the time so I don’t understand why it’s just me that got singled out, and I don’t understand the whole reason why I got dismissed? It’s not like I got any warnings or anything after being re-employed. Does she have a right to sack me like that? Please help.
Stacey Nicholson
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.

Ben Jones :

How long did you work there for?

Customer:

since July 11th 2013

Customer:

but there was a break of employment for 2 weeks

Ben Jones :

When were you dismissed?

Customer:

Yesterday

Ben Jones :

Were you given notice period

Customer:

She said that usually they would give me a weeks notice but there was not point in me staying she asked me to leave there and then but she would pay me till the end of the month

Ben Jones :

end of Feb?

Customer:

yea

Customer:

Its a bit of a wierd circumstance but i think she just wanted me gone

Ben Jones :

ok let me get my response 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 unfortunately 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, 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, because unless you were dismissed for gross misconduct, you would be entitled to receive your contractual notice period. However, this is not an issue here as you said you are entitled to a week’s notice but are getting paid until the end of the month so they have already paid you what you are contractually due.

Ben Jones :

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

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 be honest and explain the law as it actually stands and sometimes this does unfortunately mean delivering bad news. Please let me know if you need me to clarify anything.

Customer:

Yes I understand the situation thank you for your time and being honest

Customer:

not sure why but it wont let me click on the smily face?

Ben Jones : Apologies for this not sure why maybe you could try again it will hopefully work now, many thanks
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