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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48176
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Hi There. My partner was approached by a gentleman who owns

Resolved Question:

Hi There. My partner was approached by a gentleman who owns a company here in the uk. My partner has worked for this gentleman as a consultant in the past. For about six months this gentleman head hunted my partner to come back to his company to work along side the gentleman's son who is now running the company with the gentleman and one other partner. My partner thought about all that was on offer by the gentleman and after many meetings and calls from the gentleman and his son an agreement was agreed upon whereas my partner would be taking over a certain position. My partner gave up a very secure pensionable position to take on this new job. Because he knew the gentleman my partner did not request a contract prior to taking up employment. He would do that when starting the job.
From the first day of his arrival another partner in the company approached my partner and told my partner that he would get my partner fired and out of the company. It now seems that this other partner and the son of the gentleman do not get on and there is an internal ego war going on. This other partner in the company was not informed of my partners employment in the company. my partner has been treated so disrespectfully XXXXX XXXXX not been permitted to carry out his full duties. My partner has been used un professionally by the son of first gentleman and other business partner during meetings in front of other staff members. This other partner also refused to pay my partner his full wages agreed by the son and other gentleman and instead forced my partner to take a pay cut of . My partner has been left in a situation of been unable to now determine what he is allowed do in his job description. He was brought into the company to implement certain policies which were required for the sustainability of the company and every time he tries to implement these policies most of them are not accepted even though my partner knows all these implementations have to be added. The first gentleman who poached him from his job told my partner he does not want to get involved in a discussion between his son and my partner. My partner now has no job to return to and the situation has turned volatile between the partners in the company towards each other and my partner is being used in the middle. What are his rights to follow the company for a years wages and allow hIm to leave this toxic situation. He has not received anything he was offered in the first place by the first gentleman or the son. He is not doing the job he was employed to do.
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. When did he start this job?
Customer: 6 weeks ago
Customer: The bullying tactics started the first week of employment from the other company partner. He threatened to have my partner removed and also told my partner that he knew how to do it constructively. This company partner went onto insult my partner and his professional credentials. This bully tactic has not stopped since start of job. The son of the man that hired my partner also gets involved in the demeaning process of my partner in front of other staff members in the company.
Ben Jones :

Hello, apologies I was offline by the time you had replied. If your partner has been continuously employed at his place of work for less than 2 years then his employment rights will unfortunately be somewhat limited. Most importantly, he will not be protected against unfair dismissal or constructive dismissal. This means that his employer can dismiss him 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 he was trying to assert any of his statutory rights (e.g. requesting paternity leave, etc.). Similarly, he could be forced to leave due to bullying and still not be able to challenge that.


 


If he was being dismissed and that had nothing to do with any of the above exceptions then he would not be able to challenge it and his only protection would be if he was not paid his contractual notice period, because unless he was dismissed for gross misconduct, he would be entitled to receive his contractual notice period. If he did not have a written contract in place he would be entitled to the minimum statutory notice period of 1 week. His employer would either have to allow him to work that notice period and pay him as normal, or they will have to pay him in lieu of notice.


 


If he decided to leave then again he would only be expected to work for a maximum of 1 week. Unfortunately he has no legal right to request anything more than a week’s notice, plus any accrued holidays for the time he has already worked. There is nothing stopping him from approaching the employer and asking him for a financial settlement in return for him leaving but if the employer refuses, which they can, he either has to continue working there or leave and he won’t be able to pursue the matter further due to not meeting the requirements for making a claim.


 


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: Thank you for your reply Ben it is most helpful. Let me just clear something. He is not being fired however he is being prevented from doing the job he was hired to do and the threats from the other partner is causing him a lot of stress which is making it very stressful to go into work. Can anything be done to prevent the bullying when it's a company director
Ben Jones :

Hi, yes I understand he is not being fired but the rights on being fired and being forced to leave are the same at this stage. The problem with bullying is that it is not possible to make a standalone claim for it. The employee either has to be bullied and get fired, or be bullied and forced to resign. Either way, a claim can only be made if the employee has at least 2 years' service, which does mean that bullying can take place within those two years without the employee having many rights to challenge this. He can of course raise the issue with the employer (the other director) but if the situation does not improve then he does need to consider his options and whether he wants to stay there, but bearing in mind he would not be able to challenge them if forced to leave

Customer: Thank you Ben. I understand. You have been very helpful.
Ben Jones :

You are most welcome. Please take a second to leave a positive rating for the advice I have provided as that is an important part of our process. Thank you and feel free to bookmark my profile for future help:



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