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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 50161
Experience:  Qualified Employment Solicitor
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I have a number of questions. I was interviewed last year by

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I have a number of questions.
I was interviewed last year by the company i am currently working for. The job I applied for, interviewed for and was hired for turned out not to be available as it approached my start date and so having left my previous job and turned down another position with another firm I had no choice to take up my current role (albeit it was not the job I was originally offered).
Since then my training has been poor, and when the originally role became available again some months later I was initially overlooked and I was forced to re interview for the role I had originally been offered. Although i finally got into my originally sought role, the training is poor and I have encountered several obstacles preventing me from performing to a respectable level. On a daily basis I have also noted poor practice and things happening that is impacting heavily on our clients. I am really uncomfortable with this.
Moreover, a job promotion came up (several positions for same role) and even though I was the only person in our NI workforce with relevant experience and yet I did not even get short listed for the post. Their reasoning was poor - they stated that they felt I did not have enough experience dealing with challenging behaviour?!! They could not possible tell that from a CV, and how could they tell from others CV they had ? I felt it was a personal decision not to short list me and not a professional reason. I have since learned that that one member of the panel (of which there were only two) had specifically approached another person and told her to apply for the role - and she got the job even though she had no experience or qualifications in that area (I do). additionally i learned that another colleague messed up his interview and could not answer two questions - he was excused from the interview and told to come back later 'for another go'. He too got the job.
Since then people within the company have been making it more and more difficult for me to do my job. I informed my manager of this two weeks ago. But it got no better. So, on Thursday I asked for leave and explained it was due to professional frustrations. My manager has asked me to put my issues in writing to him.
What can I do?
Is it legal that they advertised a job, i applied for it was offered it and then without informing me changed my role? then when the role became available again I had to interview again?
My training has been awful and there are so many inconsistencies I cannot carry out my role efficiently. One person telling me to do it this way and another saying another?
Please advise
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.
Please can you advise whether you have raised your concerns and experience with your manager prior to requesting leave? Thank you.
Customer: replied 1 year ago.
I raised the issues of poor training and not being able to access people to complete my role.
Yes I have raised these issues several times.
I have not raised the issues about the shortlisting etc
OK, thank you for your response. I will review the relevant information and laws and will get back to you as soon as I can. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you
Thank you. I assume that as you said you were interviewed by them last year you have only been working for them since then and as such your length of service is less than 2 years. 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.). So whilst the things you have experienced are unfair, sadly you cannot legally claim for them because you simply do not have the minimum service required to meet the criteria for a claim. All of these issues could have given a rise to a claim for constructive dismissal had you had the required minimum service but with less than 2 years it is just not possible to challenge this. As such all the thigs that happened are a moral issue rather than a legal one and whilst morally unfair, they cannot be challenged unless you had more than 2 years’ service. 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
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.
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