How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48159
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Law Question Here...
Ben Jones is online now

I have just found out that my manager had refused me further

Resolved Question:

I have just found out that my manager had refused me further training and development within my current role. I have been asking to attend certain courses for the past three years on my PDP that were beneficial to enhancing my knowledge, I even offered to pay for these courses my self out of my wages but still I was never given the go ahead to attend any of them. One of the courses that I was pursuing became available and two places were authorised by my manager, one of the places was taken by one of the trainers who then asked if I had to attend the other, he was told no that I wasn't to go. The course was imperative to the job role I currently work in and could have benefited the company. When I found out about this course I asked my manager why I wasn't given the opportunity to attend and why I was never informed of it, his reply was because you are looking for another job and because you never asked me about it. At no time did I tell him I was leaving the company although I did say months previously that the job I was doing had become stale because there was no challenge and I was going to pursue other interests and how could I ask about the course if he didn't tell me about it. I feel humiliated and hurt that I was overlooked by my manager yet again, what are my legal rights and where should I go from here?

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. How long have you worked there for?
Customer: 3 years 2 months
Customer:

Hi Ben,

Customer:

Hi Ben, You have asked me to rate your answer but I do not see where my answer is?

Customer: replied 3 years ago.
No answer received for my question
Customer: replied 3 years ago.

I have not received an answer to my question?

Customer: replied 3 years ago.

Asking someone how long they have worked there is not a satisfied answer?

Expert:  Ben Jones replied 3 years ago.
Hi, I have been unable to provide an answer because I am still waiting for your response to my initial query above, which was how long have you worked there for? Thanks
Customer: replied 3 years ago.
I have said in my previous text 3 years and two months
Expert:  Ben Jones replied 3 years ago.
I am afraid that answer was not visible above, it may have been due to a technical issue or the switching of formats between chat mode and the current mode.
Does your contract or a workplace policy state anything about the employer's duty to provide you with any training?
Customer: replied 3 years ago.
Yes we have a go train facility and we have e-net learning, we also have something called diversity which is equality to women in our workforce. I feel a was overlooked because I am female
Customer: replied 3 years ago.
We also are handed a drivers hand book where it states in page 11 that Dhl has a duty to train all Dahl colleagues
Expert:  Ben Jones replied 3 years ago.
The employer’s failure to provide the relevant training could give rise to the following:
• Breach of trust and confidence, which is an implied term into every contract of employment
• Bullying, if you are being picked on for no apparent reason. In fact the Advisory, Conciliation and Arbitration Service (ACAS) defines bullying as “offensive, intimidating, malicious or insulting behaviour, an abuse or misuse of power through means that undermine, humiliate, denigrate or injure the recipient.” Whatever form it takes, it is unwarranted and unwelcome to the individual subjected to it.
• Discrimination, if the reasons for this are linked to your gender.
The affected employee would initially be expected to raise a formal grievance in order to officially bring their concerns to the employer's attention and give them an opportunity to try and resolve them. If the issues are so bad that the employee can't even face raising a grievance and going through the process, or if a grievance has been raised but has been unsuccessful, then they can consider resigning straight away, or if the reasons are linked to discrimination a claim can be made without resigning first.
If resignation appears to be the only option, it must be done without unreasonable delay so as not to give an impression that the employer's breach had been accepted. Any resignation would normally be with immediate effect and without providing any notice period. It is advisable to resign in writing, stating the reasons for the resignation and that this is being treated as constructive dismissal.
Following the resignation, the option of pursuing a claim for constructive dismissal exists. This is only available to employees who have at least 2 years' continuous service. There is a time limit of 3 months from the date of resignation to submit a claim in the employment tribunal.
An alternative way out is to approach the employer on a 'without prejudice' basis (i.e. off the record) to try and discuss the possibility of leaving under a settlement agreement. Under a settlement agreement, the employee gets compensated for leaving the company and in return promises not to make any claims against the employer in the future. It is essentially a clean break, although the employer does not have to agree to it so it will be subject to negotiation. In any event, there is nothing to lose by raising this possibility with them because you cannot be treated detrimentally for suggesting it and it would not be used against you.
I hope this has answered your query. Please take a second to update your earlier rating, or if you need me to clarify anything before you go - please get back to me and I will assist further as best as I can. Thank you
Customer: replied 3 years ago.
My manager says that he didn't"t offer me the chance to go on the course he said I was looking to leave the company. Which was not true. Can that be held against me?
Expert:  Ben Jones replied 3 years ago.
If they had a genuine belief that you were leaving or you had handed in your resignation then that could be a reasonable excuse by them as they would not want to spend money on you on training to then find you leaving them. But if this was just a passing comment that was done some time ago and nothing has come off it since, then it is unlikely to be a reasonable excuse
Ben Jones and 3 other Law Specialists are ready to help you