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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 54423
Experience:  Qualified Employment Solicitor
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Unofficially did the ops manager role in Dec 2015 years

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Unofficially did the ops manager role in Dec 2015 years until July 2016 when i got made permanent. Never had any reviews or official meetings to discuss me and this role.
In between this time the building manager resigned so i and another colleague had to take on extra responsibilities. We had numerous people come in and help over the course of 4 months. In October it was announced that we would have an ops area manager appointed to us he had other sites to manage too.
January i had my first review whilst holding this position of ops manager. My review concluded I needs development. Through discussion my employer was advertising my ops manager role and i would be the support for the new ops manager.
People came for interviews and to cut a long story short two people failed at the last hurdle. Leaving us with no new ops manager and me still required to carry on in the ops manager role.
Once my employer knew that no one was coming in around March time they announced i would continue with the role and i would get someone in to support me instead. Fast forward to now i have been suspended for gross incompetence and gross negligence with a fact finding interview set for next week.
At what point should my employer take responsibility for the fact that they knew i needed support through another role bearing in mind no formal performance targets and objectives have been set as stated in their capability procedure. And definitely no idea it would have come to this allegation.
Would it be fair for them to dismiss me with no payment in lieu.

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

How long is your continuous employment with this company?

Customer: replied 1 year ago.
I have been employed for 11 years.
Just need to add that as well as the gross incompetence and gross negligence they have statedthat i have conpremised the SLA for a key client so i am a risk to the business

I would say that it is rather risky for the employer to pursue such allegations here considering they placed you in a role which was not immediately your remit, which they knew you needed support for (evidenced by them actually looking for someone to do this) and that they had not taken you through any formal performance management procedures. Also negligence is considered by looking at your level of knowledge and experience and whether someone in your place would have done things differently. Your inexperience and the fact you were doing the job following the employer’s request would mean that this will unlikely be considered negligent to such an extent. I would say at this stage the employer should be looking at performance management, offering support and training or perhaps placing you in a different role rather than proceeding with direct dismissal.

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Customer: replied 1 year ago.
That you for your reply.
Can we reconvene this conversation once i know the out come of this investigstion??

Yes no worries