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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 49807
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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My husband was in a job since 11th August 2015 with

Customer Question

My husband was in a job since 11th August 2015 with Elior UK but was due to transfer to another site with another company Lexington which Elior UK bought. Transfer was still confirmed via email on the 15/01/16 by Lexington Staff. On the evening of the 15th he receives a text to not go back to his usual place of work an go to another site from the 18th Jan 16. Without notice this transition could not be made so he said he would go in Monday to discuss reasons why. He was told not to go in at all not even to discuss matters. With no option he raised a grievance on the 18th January 2016. He has not been offered a meeting in regards to the grievance despite company grievance procedure in place and stated in employees handwork. As a result my husband never returned to work, transferred was withdrawn as a result of his grievance because Elior UK contacted Lexington. So he feels that is another breach of confidentiality. Elior UK has stated that they will not proceed with his grievance as they deem it not appropriate. I am sure they are being unfair. Is there a case against Elior UK?
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Hello what exactly are you hoping to achieve on this case?
Customer: replied 2 years ago.
Compensation for predicament they have put him in.
Expert:  Ben Jones replied 2 years ago.
Hello, sorry I was offline by the time you had replied. I am afraid there is no claim he can make in the circumstances. This is mainly due to his length of service. If he has been continuously employed at his place of work for less than 2 years then his employment rights will unfortunately be somewhat limited. Most importantly, he will not be protected against unfair dismissal or constructive dismissal. This means that his employer can dismiss him to force him to leave 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 he was trying to assert any of his statutory rights (e.g. requesting paternity leave, etc.). They may have refused to hear his grievance but he cannot challenge them over that with less than 2 years’ service. There is also unlikely to be a breach of confidentiality because if on company has bought the other one they are allowed to share details of the staff who are potentially transferring so he is also unlikely to be able to challenge this. I agree that they have acted unfairly and immorally but legally he cannot take the matter any further I am afraid. 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
Expert:  Ben Jones replied 2 years ago.
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.
Expert:  Ben Jones replied 2 years ago.
Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.