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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 50164
Experience:  Qualified Solicitor
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My employer backed me into a corner by basically saying

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My employer backed me into a corner by basically saying resign or the would sack me. I have had one verbal warning about being to regimental in my job and not pink and fluffy enough (I have just from the royal navy. I understand civil***** *****fe is different, however I am teaching fire safety and it is important to be professional or people can be injured, as has happened. They got a complaint from a delegate because the delegate didn't listen to the safety brief and he put others and himself in danger. As a result he complained and he is from our main customers company. As a result I was pulled into a meeting straight after I had came out of a fire, with no representation and told they couldn't afford to have me upsetting their main client and I wasn't for the company. I asked them is it a case of resign or be sacked and they said yes. However on reflection this just seems all wrong. I am an excellent worker and constantly praised by delegates for my professionalism and knowledge. My boss just simply doesn't like me and has been looking for an excuse to get rid of me. 99.9 % of the time my delegate feedback is excellent they are picking up on two negative feedbacks in the past two months. What can I do?
Hello how long have you worked there for?
Customer: replied 2 years ago.
Since July 2015
Thank you. 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.). I see no evidence that any of these exceptions apply here however. 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. So if it is a case of reign or be sacked it would be best for you to resign and agree a reference with them, otherwise they could easily (and legally) dismiss you instead. 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
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