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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 49866
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I work for Estee Lauder Heathrow via an agency. Over the months

Customer Question

I work for Estee Lauder Heathrow via an agency. Over the months the Agency request we put sales through on their behalf. The company Estee Lauder now say that the outing of these sales are incorrect and are intending to hold a disciplinary hearing against me. In my defence my previous manager implied putting these sales through to be ok, and I amused it was ok as many stores within the airport of the same for the agency.
Please provide some legal standing for my defence.
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones : Hello, my name is Ben and it is my pleasure to assist you with your question today. How long have you worked there for?
JACUSTOMER-wm2zujif- : Worked over 5 years & since work it was expressed allowing Agency sales to be put through as normal sales was ok. It is common throughout the airport. I now being informed thus is being investigates as are my peers.
JACUSTOMER-wm2zujif- : The previous manager had approved it, though it seems the new manager has inform the higher bodies that thus is wrong & we are at fault.
JACUSTOMER-wm2zujif- : Please advise
Ben Jones : Hi, the main problem you will find here is going to be your employment status. You are an agency worker and as such you are not protected against unfair dismissal. This means the employer can discipline you or even dismiss you for more or less any reason as log as it is not discriminatory and this is not the case here because everyone is being treated the same and you are not being picked on for any reason. As an agency worker your employment with a customer is never guaranteed. You are seen as a temporary worker who can be removed at any time. This is the major pitfall of working through an agency and your rights will not be as extensive if you had been employed by the employer directly. So whilst you are certainly able to try and defend yourself by arguing that the practice you are being accused of was previously approved by management and every one was doing it, that will not necessarily prevent a potential termination of your employment, although there is of course no guarantee it will go that far. But if it does, then unfortunately due to our employment status you will not be able to challenge it any further and your only chance would be at any forthcoming disciplinary. Hope this clarifies your position?
JACUSTOMER-wm2zujif- : If this helps - An agency appoints all staff to the airport for secuirty clearance. My contract states I AM EMPLOYED BY ESTÉE LAUDER and an EMPLOYEE of theirs. So I take it I have my employment rights?
JACUSTOMER-wm2zujif- : More importantly my previous manager approved and stated putting "AGENCY SALES" through as normal sales is okay and I and many other staff continued to do so. It is a common practice throughout the airport in all stores. Now the new manager states that this is incorrect and this is a miscalculation of the monthly sales report and the "OVER PAYMENT" of commission. Please advise my position as a employee of the company and that the actions were not my fault as I assumed I was following policy. It was never mentioned that this reporting was wrong until now. Could you provide a draft statement I could use at the disciplinary hearing. Happy to pay an extra fee. I thank you in advance.
Ben Jones : Ok if that is the case and you are an employee of the company directly you will have certain employee rights. First of all you may of course defend any disciplinary against you and appeal the outcome. What would really matter then is what the outcome was. If you were to be dismissed as a result of these allegations then a potential case for unfair dismissal would exist. This can be pursued through the employment tribunal. If you come out with a warning, then assuming your appeal fails your only option is to resign and claim constructive dismissal although that can be risky as you will be giving up your job to take this further. So protection does exist but it would depend on what the outcome of this disciplinary is and once you know that you can evaluate your position and how to take this further if necessary. Hope this clarifies your position?
JACUSTOMER-wm2zujif- : Would you be kind enough to draft me an example of appeal statement to read at the hearing?
Ben Jones : I am afraid we do not offer a drafting service on here, we only discuss your legal position and options on how to deal with issues, not the actual drafting
Ben Jones :

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? Thanks