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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 63369
Experience:  Qualified Solicitor
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I just speak with somebody from acas and they advise me to

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Hi
JA: Hello. How can I help?
Customer: I just speak with somebody from acas and they advise me to speak with you about a conflict that i had on my previous work place
JA: Where are you? It matters because laws vary by location.
Customer: In Crewe for the moment but the incident happened in Burton on trent
JA: What steps have you taken so far?
Customer: First i made a verbal complain about the incident to HR, after a written complaint a d the answer was that my email was forward to the main HR office
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Didn't get any answers for my email

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

Please explain your situation in full so that I may assist?

Customer: replied 13 days ago.
I need an advice on my situation that happened last year when I worked at Hoar Cross Hall. I was employed there from 21/12/2018 till 24/11/2019, with my partner and we lived in staff accommodation. On 10th of November , in the morning my partner had a conflict with one of the staff members that lived there when I was still sleeping , he reported the incident to reception manager and duty manager and at there advice we avoid that person and her family for all day. In the evening I come back to staff accommodation and I was in the kitchen, washing my plates when 4 members from the same family (3 men's and one lady) was waiting for us there and start to question me about my partner and asking to bring him there to have a conversation about the conflict from the morning, when I refuse to answer to the questions they start to scream at me and become very verbal aggressive even come very close till a get very scared and I had a panic attack. I reported the incident to the night team from reception and they offer me a room in the hotel for that night , till next mooring when our managers will come and we can find a solution for the situation. Next morning, I go to HR, explain her all the situation and all the other conflicts that we had with the same person in the past ( we reported every time to the duty manager but she didn't take any action and didn't inform the HR about it), and the reception manager with the HR offer us a room in the hotel till we leave the hotel , in a corridor where they are not working (they was members of housekeeping team) (we resigned with few days before the incident following to work till 24/11/219) and in the mind time they will investigate the case. All day my partner received death threats on facebook from one member of the family and even if we reported to the duty manager again and she assure us that she will speak with them to stop doing this they continued till the next day, all that conversations we give them to HR for translations. More then this they was working every day on the corridor where our room was allocated and we need to hear them every day how they was speaking about us on the corridor, between them and other staff members, this didn't make me feel more comfortable or safe.
After few days , working on the reception on a report I observed that our room will be allocated to a guest after 2 days and I ask my assistant manager what will happened with us, after she had a conversation with the reception manager , she announce me in front of my work colleagues that we need to move in staff accommodation till we leave because they don't have a room free for us, in the hotel. When I told her that I refuse to do this she send me to speak with the reception manager , then in the office, in front of her and reception manager I express again that I don't want to go back in staff accommodation because i'm still afraid of that person and I ask to allocate me another room that I know that we had free on the hotel or to give me the days of holiday that i'm entitled to have so I can move to another place where I should start a new job, they couldn't believed that I refused to move back and they get angry,their answer was that that room was new refurbished and they are just for guest's and they don't have with how to replace me so they can't give me holiday. After I start to cry and told them that I really don't have where to stay and to come at work on the same time they was agree to give for one more night a room in the hotel and after the days of holiday.
So the last 2 weeks before I leave this place I feel very stressed, unsafe and humiliated without to do any harm or to have a conflict with somebody, even if I go to the police to report what's happened they told me that they will call the hotel after we leave because they don't want to complicate more the things when we are still there and if the hotel don't give them a good report about their investigation they will start their one investigation.
After we left the hotel I write a email to HR about the room situation and the way I was treat by my manager and her answer was that she replayed my mail to the main HR office from where I didn't get any email back with an answer.
In this time the persons who threat us continued to work there, was moved in the best room in staff accommodation, even if in the past he had problem with other staff members from staff accommodation (bulling staff till they feel uncomfortable to use the common area and attack other staff members when they was on duty), the only reason being that they are short on staff and they can't afford to fire him.
What is your advice for this situation

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 about this whole situation is that you cannot claim for the issues you experienced unless you had at least 2 years service, which sadly you don’t.

 

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 leave 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 issues were not discriminatory and it was just a personality clash or any personal issues, then you cannot claim even if you were treated unfairly in this way.

 

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 13 days ago.
Ok. Thx

All the best

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