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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 66747
Experience:  Qualified Solicitor
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The grounds for my appeal against dismissal and my

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The grounds for my appeal against dismissal and my grievance, 20-05-2020.1/ Start date on the 6th January 2020.2/ I asked for a JD / R&Rs numerous times to Jim Moran , Brett Lee , John Cunningham and Adrian L but I never received.3/ My SMART targets should have been agreed by the 13th January 2020.4/ 1st meeting with AL was on the 6th Jan 2020 just as an introduction because we had never met before.5/ 2nd meeting with AL was on the 29th January 2020 where we just disagreed about a number of items and he insisted on taking the minutes with no witnesses.6/ 3rd meeting with AL was on the 13th February 2020 with no witnesses allowed and no secretary allowed.7/ My grievance Email No 1 was submitted on Friday 14th February 2020 am after which I went home to see my GP who signed me off sick for 16 days with work related stress.8/ AL confirmed receipt of my grievance on Friday 14th February 2020.9/ A Grievance hearing manager ( Mark Leather ) was appointed by BB on the 20th February 2020.10/ I met ML Monday 2nd March 2020 at Paddington and plans were made.11/ Wednesday 4th March 2020 ML disappears off the radar after further good discussions.12/ Thursday 5th and 6th March AL is back on my case just 4 days after I have returned from 16 days sick leave.13/ My grievance Email No 2 was submitted am on the 6th March 2020 before I drove home to see my GP again but by the time I got home my employment was terminated.14/ Tim Fieldhouse was later appointed as the Grievance hearing and dismissal appeal Manager with no explanation of what had happed to ML.MAIN POINTS –• It has never been explained what happened to Mark Leather?
• How can I be sacked by the person that my grievance is against in my absence when I am driving home to see my GP again?
• ACAS EC Certificate : R130796/20 : Clark v Balfour Beatty.
JA: Have you discussed the termination with a manager or HR? Or with a lawyer?
Customer: Yes and Balfour Beatty have said that i do not have a case
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: Unemployed now because i was sacked I do not belong to a union
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I have submitted my case to ACAS and had advise from a solicitor but i want a second opinion of my chances of success at a tribunal before i continue because of the expense which i may not get back.

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.

What are you ideally hoping to achieve in the circumstances?

Customer: replied 13 days ago.
Loss of earning because of the way I have been treated with very little chance of getting another job at my age

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.

Can I just check if you have been advised about the law of unfair dismissal and what you can and can’t do with the length of service you had?

Customer: replied 13 days ago.
Maybe tomorrow
Cannot talk right now

Don’t worry about the pop-up mentioning a phone call – this is an automatic offer made by the system, giving you the opportunity to pay extra to discuss things over the phone. However, it is entirely optional and if you just ignore it and close it down you will not be charged extra and we will just continue in writing at no extra cost, as soon as you can tell me if if you have been advised about the law of unfair dismissal and what you can and can’t do with the length of service you had?

Customer: replied 13 days ago.
I have not been advised yet

Ok well 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. This means that your employer can dismiss you 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:

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

· 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 had nothing to do with any of the above exceptions, you would not be able to challenge it. In that case your only protection would be if you were dismissed in breach of contract. That would usually happen if you were not paid any contractual notice period due to you (unless you were dismissed for gross misconduct, where no notice would be due). If you did not have a written contract in place you would be entitled to the minimum statutory notice period of 1 week. The employer would either have to allow you to work that notice period and pay you as normal, or they instead have to pay you in lieu of notice, where you are paid for the equivalent of the notice pay but your employment is terminated immediately.

So they are allowed to follow an unfair procedure, or no procedure at all and dismiss you as they wish, and you can only challenge them if you can show the dismissal fell within any of the excluded categories above. Are they relevant here?

Customer: replied 13 days ago.
Not really

Ok in that case you will not be able to claim for unfair dismissal I’m afraid nor will you be able to claim for loss of earnings.

Therefore, your only option is to pursue them for any breach of contract, such as not being paid the notice period due.

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.
You have been very helpful
Thankyou and stay safe

You are most welcome and you too

Customer: replied 13 days ago.
Ben one last question can I still ask BB for a reference?

You certainly can, however in general, there is no legal obligation on employers to provide a reference for past employees, with the only exceptions being if there was a contractual obligation to do so or for very limited types of roles in the financial sector. It would also be discriminatory if a reference is refused because of someone’s age, gender, race, religion, disability, sexual orientation.

Customer: replied 13 days ago.
Thanks again

no worries

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