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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 61234
Experience:  Qualified Solicitor
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I was a team leader for a community agency, I have had a

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I was a team leader for a community agency, I have had a difficult time with the director who hired me, we have had confrontations where he had sworn at me then denied it, many months later I was demoted and told I wasn't being demoted but was being stepped down until retrained. I resigned but the family and team I worked for asked me to stay, so I stayed and retracted by resignation, I was made to give a public apology for allegations of bullying and being dominating to the team a few people including the case manager voiced that should never have happened. I asked if I would still receive training and was sent a list of online training. The director spoke with me telling me he wanted to get rid of me for a long time and doesn't want me in his company, he voiced my biggest mistake was going against me and his company. There had been talk of the contract I worked on going private, hearsay that I threatened to hire or fire people, I denied this and the last time they accused me of talking about private contracts the case manager who works for a different company advised it had been discussed but I wasn't there so was not involved. The director voiced well asked if I had made a complaint to the nursing council I think he called it about my manager and told me he knew I had. Now after the 12 week period I was not put back as team lead it was decided there should be no lead, I was phoned again and given supervision with 3 people about my behavior being told I was disliked by all the team. I was ill and went on leave, when I called in I was told I had to go in, I asked for cover, I'd completed 6.5hrs before I had cover, I had annual leave which had been booked since the beginning of the year I missed one more shift but am still on annual leave so in total have missed 15.5hrs. I've just received a threatening email from a new manager who advised due to absence and non response my shifts will be affected unless I immediatly call in and do return to work forms. I replied I had missed a total of 15.5hrs but was on annual leave which had been agreed since the beginning of the year and their email felt threatening and excessive given I was still on annual leave.
JA: Have you discussed the demotion with a manager or HR? Or with a lawyer?
Customer: Where do I stand, I feel harrassed and bullied but am being called the bully, they know every act I perform at work and none of it is illegal but they complain about me and they never see me only hear what other staff tell them which is not always true, I've apologized for times I may have been wrong as was not aware and even the director advised the complaint could have been dealt with differently when other staff supported me.
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: No the people harassing and bullying me are from HR and my managers No union, 0 hours contract full time on a community contract through an agency
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I'm unsure at the moment

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

How long have you worked there for?

Customer: replied 14 days ago.
16months approx
Customer: replied 14 days ago.
Hello Ben

Thank you. I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Many thanks for your patience. The main issue for you here is that even though you are the victim in all of this, you have rather limited rights. That is because if you have been continuously employed at you 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 the decision is not based on a reason which makes a dismissal automatically unfair. These include:

{C}· Discrimination due to a protected characteristic (i.e. because of gender, race, religion, age, disability, sexual orientation, etc.)

{C}· Taking, or trying to take, leave for family reasons including pregnancy, maternity/paternity leave, parental leave, adoption leave or leave for dependants

 

However, if the dismissal or resignation had nothing to do with any of the above exceptions, you would not be able to challenge it, even if you had done nothing wrong and you were the actual victim. You can still pursue it internally, such as through a grievance, but you won’t be able to challenge them legally.

 

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?

 

 

Customer: replied 14 days ago.
Many thanks this is very thorough. Kind regards.

All the best

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