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.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Jenny Your Own Question
Jenny, Solicitor
Category: Law
Satisfied Customers: 6466
Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
Type Your Law Question Here...
Jenny is online now

I work in a construction related industry. My job title on

This answer was rated:

I work in a construction related industry. My job title on employment was as an Air Tightness Test technician (this involves testing new build properties for air tightness under the 2010 Building Regulations Part L). However, a new role became available to me for a Thermographic Surveyor. This involves looking for building anomalies using a thermal imaging camera. My previous experience and qualifications is in thermagraphic imaging of electrical and mechanical services, and with my previous experience using TI cameras I volunteered to expand my knowledge of building construction declaring that I have no previous experience of the building industry. The company then took me on as a thermographic surveyor with some sparse in-house training, that was approximately six months ago. The company has not contributed to my thermographic qualifications, nor has it increased my salary to reflect the new position, and running concurrently with air tightness testing.
While I have made mistakes and sometimes missed points of interest while learning this role I have received a letter from the company to attend a meeting to consider whether disciplinary action should be taken against me. The title of the letter is "Competence of carrying out Thermographic Surveys and Interpretation of Images".
My view considering I volunteered for the position with no financial gain, is that I'm either negligent, or incompetent through lack of training. Either way they haven't stopped me from continuing the job. I have been with the firm for fifteen months.
I would very much appreciate any advice.
Many thanks in anticipation...
PS I did receive a verbal warning approximately 2 months ago for being thrown off three building sites within six months. All Air Testers have either been thrown off site or had confrontation with site managers, this is because as air testers we are the quality control of their building expertise and they don't like failures. Because of this frequency I was given that verbal warning. I am also considering whether this might be constructive dismissal fabrication as there is a downturn in building generally.
Hello Mike, my name is ***** ***** I am a solicitor and I am happy to help you today. Is your original job still available?
Customer: replied 1 year ago.
Yes. When I'm not thermographic surveying I'm air tightness testing.
So how much of your time is split between each of these jobs? Do you think your employer is looking to get rid of you?
Customer: replied 1 year ago.
It's hard to say how it's split, there's no pattern to it really. They have had to let a guy go recently under questionable circumstances.
Ok the main difficultly for you is your length of service. Under UK law until you have been employed by a company for 2 years you cannot claim unfair dismissal or constructive dismissal. The effect on this is that you can be dismissed for any reason in the first two years with no recourse to claim unfair dismissal. The exception to this is if you can demonstrate that the dismissal amounts to discrimination contrary to the Equality Act 2010, which would be on the grounds of sex, age, race, religion, disability or for raising a health and safety or whistleblowing complaint. This means that your rights in this situation are limited unfortunately. You should , of course, point out all of the shortcomings in support that you have had. This is the basic legal position, I would be very grateful if you would give my answer a positive rating as I am not otherwise credited for my time. I will be happy to answer any further specific queries you may have. Thank you and all the best.
Jenny and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thanks Jenny, appreciate your advice...
no problem Mike, I am sorry it was not the answer you were hoping for and I really hope you can resolve it with your employer. Thanks for the rating.