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We started on 1st March 2013
Thanks for getting back to me. Generally, 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 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 for other limited reasons that may make the dismissal/resignation automatically unfair.
The most relevant reason you can use in your case to claim there may be an automatically unfair constructive dismissal is in relation to making a protected disclosure (whistleblower’s protection). This is quite a complex area of law but basically if you make a protected disclosure and are treated detrimentally as a result, you could consider resigning or making a claim for detrimental treatment in the employment tribunal. The protected disclosure would be that you raised specific concerns about health and safety issues in your accommodation but the key s that as a result the employer has treated you detrimentally or dismissed you, so if that has not happened then you cannot claim.
However, such claims are not easy to pursue and will also cost you at least £1,000 in tribunal fees. You will be expected to try and mediate with the employer through ACAS first so you could reach a settlement without having to make a formal claim but there is of course no guarantee of that and time will tell if it is an option.
Before you consider any formal legal action it is nevertheless advisable to consider resolving that directly with the employer – you have the formal grievance procedure available to you to use and you should do so. However, if that does not help, your options as outlined above all what is left for you to rely on in taking this further.
Hope this clarifies your position?
Hello, I see you have accessed and read my answer to your query. 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? I just need to know whether to close the question or not? Thanks