How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 69193
Experience:  Qualified Employment Solicitor
Type Your Employment Law Question Here...
Ben Jones is online now

I hope you can help me, I used to work at Lloyd's pharmacy

This answer was rated:

Hi I hope you can help me, I used to work at Lloyd's pharmacy which was bought by jardines pharmacy from the 1st November 2019 my colleagues and myself had our contract TUPE to the new company. Since then the companies manager has with held wages of mine to which made me in dept, I asked for the money and was told I could have what she called a personal loan of £300 and she would take £50 each month from my wages. Which I agreed as it was just before Xmas and have a 3 year old little girl. The manager claimed she was keeping the money just incase I left although she would owe me annual leave anyway. Today she came in to my work place to speak to me and was rude from the start. She had a shout at me about time off I've had and lateness which couldnt be helped due to childcare and traffic. I had tried before to change my hours to earlier but she didn't allow it. Today I ended up walking out of my job half way through the day due to her being so rude to me and threatening to sack me. She let me leave without putting a notice in. I was going to finish my shift but she abruptly said 'you still here' that's when I left. I hope there is something that can be done with this matter as she has had a problem with me from the get go.
Assistant: Have you discussed the termination with a manager or HR? Or with a lawyer?
Customer: Thank you in advance kara
Assistant: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: It is a family run company and I have recently learned they had no idea what she was doing. I was a employee with them.
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: I think that's it thank you.

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. I may also need to ask some questions to determine the legal position.

How long is your continuous service? Please note I am mobile today so may not be able to reply until later today thanks

Customer: replied 7 months ago.
It would be just under a year. No problem thanks

Many thanks for your patience. The main issue for you is that you have been there continuously for less than 2 years, which means you have no protection against constructive dismissal. This would have been your only real claim in the circumstances, which is where you are forced to resign as a result of the employer’s unreasonable behaviour and you then pursue them for compensation for loss of earnings. However, you do need to have that 2 year’s of service, which sadly you don’t and it means you can potentially be forced to leave your job without any comeback.

You can still make a claim for any money they had unfairly deducted but that would be as far as your claims go.

I appreciate this may not be the answer you were hoping for but it is the legal position and I hope that it at least clarifies where you stand?

Hello, I see you have read my response to your query. Could you please let me know if it has answered your original question? You can simply reply on here with a quick ‘Yes, thanks’ and I won’t bother you again. Thank you

Hello, not sure if you are having trouble seeing my posts? I have not heard back from you since posting my answer and just need to know if your query has been resolved. If you could please post a quick reply to confirm I would be very grateful. Thank you

Customer: replied 7 months ago.
Thank you for your reply I don't think explained the situation very well so I'm going to citizens advice thank you for your time.

ok no worries, always here if you need further clarification

Ben Jones and other Employment Law Specialists are ready to help you