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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44878
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Yesterday I got a phone call from my area manager saying that

Customer Question

Yesterday I got a phone call from my area manager saying that I had to call into the office today at 9.15 and when I asked what it was about was told there are just a few things we need to discuss.
I work for the same care home who look after my stepson and the area manager knew this before I started working for them.
I completed my probation in Jan last year and have worked for the company for 18 months with them knowing about my step son.
I have never had any complaints about my work, criticism in my supervisions or anything negative said about my work.
Today I have been put on gardening leave for a week as all of a sudden there is a conflict of interest with me working in the same area as the company provides care for my stepson.
Vague mentions in jobs out of area were mentioned but nothing offered but I don't want to leave my current position and feel like I'm being pushed out for reasons other than I'm being told.
Do I have any rights and what can I do
Submitted: 11 months ago.
Category: Law
Expert:  Ben Jones replied 11 months ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. When you say you have been placed on garden leave have you been issued with notice of termination?
Customer: replied 11 months ago.
No
Expert:  Ben Jones replied 11 months ago.
Ok well garden leave is a term used when an employee is issued with notice of termination of employment and is not required to work through their notice period, rather they are sent home for its duration (i.e. not working in the workplace). So garden leave is not really the appropriate term here, it may be that they have suspended you whilst they decide what to do. The main issue here is that 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.). I see no evidence that any of these apply here though so it is unlikely you can rely on them. What this means is that they can also change your contract, such as sending you to work elsewhere. If you do not like it, usually you would be able to resign and claim constructive dismissal but again you need 2 years’ service to do so and as such it is nt an option. This means you either have to accept the changes or leave without being able to claim against the employer. It does not stop you from raising an internal complaint via the grievance procedure bit if that is rejected and the changes implemented, then your rights will be as above. I'm sorry if this is not necessarily the answer you were hoping for, however I do have a duty to be honest and explain the law as it actually stands. This does mean delivering bad news from time to time. I hope you understand and would be happy to provide any further clarification if needed. If you are still satisfied with the level of service you have received I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 starts at the top of the page. Thank you
Expert:  Ben Jones replied 11 months ago.
Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.
Expert:  Ben Jones replied 10 months ago.
Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.
Customer: replied 10 months ago.
Further to my previous question, today I contacted one of the units in another area about the transfer. I was asked why I wanted to move. When I told her I was being moved against my will she was very dubious about it saying that it would be a negative move. When I went into details about how I was told I had to move she was horrified. She has contacted her area manager to look into it and flagged up the issue as a concern. It seems that although I have been told I must move away from any units covered by my current area manager, other areas will not want me as I am not moving voluntarily.
To me it seems the issue is personal as my current area manager has no objections to me staying in the area providing it is in a service she doesn't manage. The alternative she has suggested is routine care work, I am trained to work in autism, and would involve a substantial pay cut.
I feel I am being victimised because of who I am married to.
Also the number of times the phrase " client confidentiality " was used during our meeting makes me think she suspects me of breaching it to my wife.
I have another meeting with my area manager tomorrow ( I had to request it) and would appreciate any suggestions as what to ask her.
Expert:  Ben Jones replied 10 months ago.
Hello, it does not appear that this has anything to do with who you are married to, rather it is to do with the stepson, which is going to be a separate issue. Whilst I am happy to continue discussing follow up questions please remember to rate the initial advice first and then I can continue, thank you

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