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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 50191
Experience:  Qualified Employment Solicitor
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Started a job as Administrator in March, first appraisal not

Customer Question

Started a job as Administrator in March, first appraisal not good, but wasn't surprised as the lady I worked for always tried to keep the people below her in their place. Second appraisal was good and I was told that I was going to be taken on permanently. In the mean time, company not doing well and my line manager was demoted. Since I have been told that I had not reached the grade and would be asked to leave. No one had my second appraisal which I have since sent to the company directors. I have since been made aware that this was potentially a company reshuffle and another administer was being moved to my office.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 1 year ago.

Please can you tell me what specifically you would like to know about the situation you are in? Thank you

Expert:  Ben Jones replied 1 year ago.

The main issue for you is going to be 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.). In the event that the reason for dismissal fell within these categories, then the dismissal will either be automatically unfair, or there will be a potential discrimination claim.

If the dismissal had nothing to do with any of the above exceptions then you would not be able to challenge it and your only protection would be if you were not paid your contractual notice period, because unless you were dismissed for gross misconduct, you would be entitled to receive your contractual notice period. If you did not have a written contract in place you would be entitled to the minimum statutory notice period of 1 week. Your employer would either have to allow you to work that notice period and pay you as normal, or they will have to pay you in lieu of notice.

If you were not paid your notice period when you were due one, that would amount to wrongful dismissal (which is different to unfair dismissal) and you could make a claim in an employment tribunal to recover the pay for the notice period that you should have been given. There is a 3-month time limit from the date of dismissal to submit the claim.

This is your basic legal position. I have more detailed advice for you in terms of the options you have to take this further in the event you are not paid what you were due or you were discriminated on any of the above grounds, 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 is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you

Customer: replied 1 year ago.
Thank you. I am cross because the company is making out that I did not reach the grade when in fact the reason I have gone is because of a demotion within the admin staff, and thus, this has freed up another person within the admin team to do my job. The contract I was sent was with another persons details on it. This job has been a catalogue of disasters. But it is my reputation at risk. When you leave a job you want to leave with your head high, not because of a smear on your working reputation.
Expert:  Ben Jones replied 1 year ago.

I fully understand but what led to the dismissal is not really going to be an issue from a legal perspective. As the dismissal itself cannot be challenged, neither can the reasons behind it, especially as they are not discriminatory in nature. So try to negotiate with the employer to see if you can get a positive reference from them as then at least you have a better chance of not letting this affect your future employment opportunities.

If your original question has been answered I would be grateful if you could please quickly rate my answer by selecting 3, 4 or 5 starts at the top of the page - it only takes a second to do and is an important part of our process. I can still answer follow up questions afterwards if needed. Thank you

Expert:  Ben Jones replied 1 year ago.

Hello, I see you have read my response to your query. Please let me know if this has answered your original question and if you need me to discuss the next steps in more detail? In the meantime please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. The question will not close and I can continue with my advice as discussed. Thank you

Expert:  Ben Jones replied 1 year ago.

Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.