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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46784
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I work as a college lecturer and internal verifier in December

Customer Question

I work as a college lecturer and internal verifier in December i along with two other verifiers were suspended on safeguarding allegations from two other members of staff who as internal verifiers had highlighted as not being qualified by any awarding body which means they should not be in post management was informed on several occasions but failed to act due to them all being friends.
I have been called into disciplinary meeting now on five occasions each time either allegations changed on arrival or not allowed to speak to people making allegations even though many have been clearly shown to be false. At the last meeting my witness told could not come because unable to get cover for her to attend,after union rep complained cover was found also college policy clearly states i should be allowed to speak at meeting that those who made allegations are present up to 3 4 weeks ago college would not allow staff who made allegations to be cross examined then after continual complaining from union they relented as long as i was not present on showing the two staff their statements to confirm it was theirs they replied no ,again meeting cancelled now they wish to dismiss me because have been working for another college on temp basis for last couple of months even though at start of employment explained i also worked for other colleges as temp member of staff doing verification work a letter was issued to myself stating this would be ok.
Now i have a offer to resign or be sacked while working while suspended safeguarding issue now not being mentioned and staff who made allegations which have shown to be untrue no repercussions out of the three of us one has already been allowed back allegations unproven
I work in a small community and for many employment agencies all through out this process i have had many other college staff members calling me asking if allegations true have expressed my concerns on many occasions that some one passing wrong information within the field i work so causing concern about possible further employment
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. How long have you worked there for?
Customer: replied 2 years ago.

i will be there two years in september

Customer: replied 2 years ago.

what are my options

Customer: replied 2 years ago.
***@******.*** my email your system not allowing me to submit
Expert:  Ben Jones replied 2 years ago.
Hello, sorry my connection dropped earlier. 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 because you were trying to assert any of your statutory rights (e.g. requesting maternity/paternity leave, etc.). I see no evidence that any of these exceptions apply here so unfortunately you could be dismissed or forced to resign without being able to take the matter further. It could happen even if the allegations against you are completely untrue or baseless – the employer need not rely on anything concrete or factually correct.
In terms of the wrong information being passed, then that is something which does not rely on a minimum length of service. It could amount to defamation but that is a very complex claim to pursue, it is very expensive too. You also need to identify who is making these comments and if they are being done anonymously then nit could be difficult to take further. In addition, if the employer provides an untrue or misleading reference then that could amount to negligence. Obviously it is too early to state if that would be relevant as no reference has been issued but bear that in mind for the future.
I hope this has answered your query. Please take a second to leave a positive 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
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46784
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Law Specialists are ready to help you
Customer: replied 2 years ago.

The safeguarding issue now off the table they will sack me for working else where while suspended even though I have a letter stating I can from start of my employment. The college will let me resign if I sign a confidential agreementl

Expert:  Ben Jones replied 2 years ago.
Whether you had a letter saying you could work elsewhere will not change your rights unfortunately - remember they can dismiss you for any reason really, whether it was right or wrong. So it is now a case of trying to mitigate any potential risks in the future and if you are being told you can reign if you sign the confidentiality agreement then it may be a good idea to consider that as then at least your record would say you resigned rather than you were dismissed

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