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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46735
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I have worked business years and 4 months as a

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I have worked for a business for 2 years and 4 months as a salesman in the UK. I have a fantastic record in that time in terms or bringing in new profitable business and surpassing all my targets in this period. (last year nearly £8m of new business) At the end of the last financial year end december i was given a 100% bonus. The bonus is not just targeted on turnover and profitability its also on many other things. 4 months into the next financial year and to date im still over achieving at around 50% up on last year whilst still making profit. I had my yearly review around 1 month ago and presented to my sales Director and Deputy MD...not one question was raised about my performance and not one negative remark was made during this meeting or any other meeting. 2 days ago i was called into a meeting with my sales director who told me he had several complaints about me from my customers...during the course of 2015...bearing in mind my previous statement and also bearing in mind I am still trading with these people as they are still my customers and not one of them has raised any concerns or issues that are due to my failings...more the failings of our business....anyway at the end of the meeting i was asked to go away and think about my future and give them an answer about what I want to do by tomorrow morning...my options are to leave or be demoted , presumably have accounts taken off me that I opened...and then to go through a process of retraining and have a weekly meeting to go through what i have done each week in great detail...something I have never had to do before...Im 52 and had vast experience...just get the impression that the new sales director has come along and my face doesnt fit even though I thought I got on fine with him.....interestingly another member of the sales team who was around before this director started is going through the same thing...and today a member of the marketing team was also fired who was here before this director started...in my case Im reliably informed that director has already interviewed someone who worked for him in his last role who works on the same accounts i work with....I realise that if they want me out then i have no chance to survive...but would like to leave with my head held high and treated with some respect...what advice can you offer?
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. What exactly are you hoping to achieve?
Customer: replied 1 year ago.
For Ben Jones....I want some sort of pay off and more than a months salary and be able to find alternative work without the worry of being asked for references and then finding out later the reference from my current employer was terrible.
Expert:  Ben Jones replied 1 year ago.
What is your contractual notice period?
Customer: replied 1 year ago.
12. Termination of Employment
12.1 Following satisfactory completion of the probationary period, ( probationary period is 6 months) I have been with them for 2 years 4 months [t][T]he notice required by the Company to terminate the Employment
will be:
12.1.1 2 (two) weeks notice if the Employee has been continuously employed
for up to 2 (two) years; and then
12.1.2 1 (one) additional week’s notice for each additional completed year of
employment, up to a maximum of 12 (twelve) weeks’ notice.
12.2 The notice required by the Employee to terminate the Employment will be 1 (one)
month.
12.3 The Company shall have the discretion to terminate the Employment lawfully
without any notice or on notice less than that required by clause 12.1, by paying
to the Employee a sum equal to the Employee’s salary [and value of contractual
benefits] in respect of that part of the period of notice in clause 12.1 which the
Company has not given to the Employee, less any appropriate tax and other
statutory deductions. Should the Company exercise its discretion to terminate the
Employment in this way, all the post termination obligations contained in this
contract, including in particular the restrictive covenants in clause 16
(Confidential Information)], shall remain in full force and effect.
12.4 At any time during any period of notice of termination served in accordance
hereunder (whether given by the Company or the Employee), the Company shall
have the right at its absolute discretion to assign no, reduced or alternative duties
to the Employee and shall be entitled to require the Employee to act at the
direction of the Company including the right to exclude the Employee from its
premises, and/or prevent him from discussing its affairs with the Company’s
employees, agents, clients, customers. If the Company shall exercise its right
under this clause, the Employee’s entitlement to Salary and other contractual
benefits shall continue, subject always to the rules of any relevant scheme or
policy relating to such benefits. For the avoidance of doubt, at all times during
any period of notice of termination served in accordance hereunder (whether
given by the Company or the Employee), the Employee shall continue to be
bound by the same obligations as were owed to the Company prior to the
commencement of the notice period.
12.5 Nothing in this statement prevents the Company from terminating the
Employment summarily or otherwise in the event of any serious breach by the
Employee of the terms of the Employment or in the event of any act of gross
misconduct by the Employee.
13. Disciplinary and Grievance Procedures
13.1 The Employee is subject to the Company’s disciplinary and grievance procedures,
copies of which are available from the employee`s immediate supervisor. These
procedures do not form part of the Employee’s contract of employment.
13.2 The Company may at any time suspend the Employee during any period in which
the Company is carrying out a disciplinary investigation into any alleged acts or
defaults of the Employee. During any period of suspension the Employee shall
continue to receive his salary and contractual benefits.
13.3 If the Employee wishes to raise a grievance, he may apply in writing to the
employee’s immediate supervisor in accordance with the Company’s grievance
procedure.
Customer: replied 1 year ago.
for Ben Fuller....did you see my last mail with my contract details?
Expert:  Ben Jones replied 1 year ago.
Apologies for not getting back to you sooner, I experienced some temporary connection issues and could not get back on the site until now. All appears to be resolved now so I can continue dealing with your query. The good news is that if an employee has been continuously employed with their employer for at least 2 years they will be protected against unfair dismissal. This means that to fairly dismiss them their employer has to show that there was a potentially fair reason for dismissal and that a fair dismissal procedure was followed. According to the Employment Rights Act 1996 there are five separate reasons that an employer could use to show that a dismissal was fair: conduct, capability, redundancy, illegality or some other substantial reason (SOSR). The employer will not only need to show that the dismissal was for one of those reasons, but also justify that it was appropriate and reasonable to use in the circumstances. In addition, they need to ensure that a fair dismissal procedure was followed and this would depend on which of the above reasons they used to dismiss. In this case they will likely have to rely on performance and they will have to consider taking you through a formal performance procedure before they can justify such a dismissal as being fair. It could take time, it is likely to be engineered and whilst it may not necessarily make the dismissal fair, it will try and disguise it as such. In the meantime you have to continue working here knowing they are likely plotting to get you out. If they were to go down that route then they will have to give you the required notice under contract, that being 2 weeks in your case. They do not have to pay you off or supply a reference. You can however challenge the dismissal if necessary but it can be a ling drawn out process as you would need to make a claim in tribunal to take the matter further. You can consider the settlement option and that is something you can approach them for at any time. This is your basic legal position. I have more detailed advice for you in terms of the law on settlements and how to go about trying to get one, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there I no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46735
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and 2 other Law Specialists are ready to help you
Expert:  Ben Jones replied 1 year ago.
Thank you. So as mentioned, 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. As part of it you can negotiate additional payments and references as well. 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. You may use the threat of resigning and making constructive dismissal or being dismissed and claiming unfair dismissal as you have the required 2 years’ service. So use this as a negotiating tool to try and get them to agree on the settlement. Even if it is rejected and you either end up resigning or being dismissed, you have another shot at doing the negotiations before making a claim. A new feature in the employment tribunal’s claims process is mandatory early conciliation with ACAS. This requires prospective claimants to notify ACAS and provide details of their intended claim and they would then try to negotiate between the claimant and respondent to seek out of court settlement in order to avoid having to take the claim to the tribunal. It is possible for the parties to refuse to engage in these negotiations, or that they are unsuccessful, in which case they would get permission to proceed with making the claim in the tribunal. If negotiations are initiated and settlement is reached, then the claimant would agree not to proceed with the claim in return for the agreed financial settlement. The conciliation procedure and the form to fill in can be found here: https://ec.acas.org.uk/Submission/SingleClaimantPage

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