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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 49860
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Good morning I'm night manager / DM and being head

Customer Question

Good morning
I'm night manager / DM and being head of my department and after reported several issues from one of night porters in my team and that issues being handled by our GM which states in being our HR as well handling very poorly investigation meetings and etc...
My big question is can I refuse to take responsibility for that night porter even when force by your GM / also HR in order to protect my department and business polices together with reputation?
Thank you for all your time.
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. How long have you worked there for?
Customer: replied 1 year ago.
For the old company 05.03.2015 to 23.10.2015 sarting already under new management 02.11.2016 and I still working there now , being trying to get old HR that contract me but no reply , and sense I been there the business already had 3 GM`s.
Customer: replied 1 year ago.
Sorry, good morning
BenI'm very confused with everything going on and just been on other meeting this morning which I believe it's being conducted under very dubious management with very dubious statements.I got lot of issue reports , rec hearing meeting emails etc...
Expert:  Ben Jones replied 1 year ago.
What issues do you have with that porter specifically? Please note I am in tribunal today s may not be able to respond fully until later this afternoon but rest assured I am dealing with your query
Customer: replied 1 year ago.
Fail to comply several times with company policy, placing business security at risk with full house, can't thurst him to leave him alone on reception or room service, fail to comply with clear instructions and guidance over over and over , and now with statement of theat for my job and insinuating GM support to wards his actions.
Customer: replied 1 year ago.
Being told by GM that porter will stay after everything that I have reported all the meetings and dubious procedures of handling the matter, I have to refuse to take responsibility for that porter at the end of his provisional period which I did hand in report feed back before same of the issues.
Customer: replied 1 year ago.
Please Ben at your earliest convenience without being a to much of pain on your mind and I do apologise for being very insistent but do need same guidance and information on the matter .
Thank you
Expert:  Ben Jones replied 1 year ago.
Many thanks for your patience. There is nothing stopping you from trying to refuse to take responsibility for this porter – if you do not believe that he is acting appropriately or doing his job properly, you can do that and inform the employer. The issue you is that you will be in a somewhat vulnerable position due to your length of service. You see, 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.). So if you refuse to take responsibility for this person and the employer is unhappy with your actions in doing so, they could discipline you and even dismiss you. Even if you had genuine reasons for doing what you did, the fact you do not have unfair dismissal protection means they can still dismiss you as a result. So be careful with your choice of actions as it could impact your employment. 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 1 year 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 1 year ago.
Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.