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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 64950
Experience:  Qualified Solicitor
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I have been subjected to harassment, bullying, intimidation

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Hi pearl I have been subjected to harassment, bullying, intimidation by a new director. He has forced me to resign for little reason and has appointed my replacement full time in less than 2 weeks. This is a guy he previously worked with and I believe it was his tactic to get his own man in. The guy who replaced me has left a position full time so how has he worked notice, interviewed, accepted offer and came onboard in less than 2 weeks. the only sticking point is I have less than 2 years service
JA: Have you discussed harassment at work with a manager or HR? Or with a lawyer?
Customer: I have been in contact with hr but they are not helpful
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: ignore most of my emails
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I have worked for the company for 9 months and worked every Saturday submitting a timesheet of 8 hours to the MD who explained at interview this is the process. He signed this off every week no questions asked. First submission I made to the new director he questioned why I claimed 8 hours but only worked about 7. I explained this was the advice I was given at interview and by a previous team. He then stated that I had 2 choices resign immediately or he will sack me on the spot. He had came and checked up in site the Saturday in question and saw I had left prior to 8 hours. He has told me in the past that he told an old employee he would kill his kids and phoned me up to 5 times a day checking up on me. He has set unachievable targets and for me given the timescales and the history behind my replacement being in post he was just looking for an excuse or force me to resign with his intimidation tactics. Any advice or help you could offer would be greatly appreciated.

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.

How long have you worked there for? Please note I am mobile today so may not be able to reply until later today thanks

Ben Jones and 3 other Law Specialists are ready to help you
Customer: replied 12 days ago.
Ok great
Customer: replied 12 days ago.
9 months

Thank you. The issue is indeed that you have less than 2 years service, which means you cannot claim for constructive dismissal. This would have been the only real claim you can make in the circumstances. The only exception is if you can show that your treatment was something that was classified as discrimination, which means less favourable treatment due to a protected characteristic – these include gender, age, race, religion, disability. If you were simply treated unfairly for no particular reason, just a clash of personalities or personal dislike and it had nothing to do with discrimination, then sadly you will not be able to challenge what happened and won’t be able to take it any further.

 

 

Customer: replied 12 days ago.
I have just had a call with my MD I need more advice if possible

What further advice do you need?

Customer: replied 12 days ago.
of course I will rate you. I have recently just had a conversation with my MD and tried to agree a resolution regarding the situation. I was getting nowhere and stated that I wished to rescind the forced resignation I made under duress. They said they had already accepted this and they would not allow me to rescind. I explained I had no documentation stating this and neither had they supplied the disciplinary procedure that I have requested. in my contract it states that I am entitled to a disciplinary procedure to be followed including an investigation can they not follow this as I have resigned under duress as documented to them and do they have the right to say they have already accepted my resignation although this has not been documented to me.

I am thinking they may be in breach of contract.

Hi sorry can you carry on with this in the new thread you started please