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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 73942
Experience:  Qualified Solicitor
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I was employed with a company for 2 months. During that

Customer Question

I was employed with a company for 2 months. During that short period of time there where issues of concern with the way the manager was talking and treating me and other staff members. Eventually it got to the point where I was crying on the way home from work due to comments such as, 'you are too skinny' 'are you incapable of doing your job' was pressured into accepting lifts home of the manager, after explaining in several occassions this wasnt required of me or necessary. On my final day of employment the manager was extremely aggressive and belittling to me on the showroom shop floor, and I left as a result of this intense situation
JA: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: I have discussed with area manager
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: Employee
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Not as it stands. I have requested from the area manager that the CCTV footage on the day of my final shift has been reviewed and I am just awaiting confirmation of this
Submitted: 22 days ago.
Category: Law
Expert:  Ben Jones replied 22 days ago.

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

Expert:  Ben Jones replied 22 days ago.

I am sorry to learn of the treatment you received. What is your specific query in relation to this please, so that I can best advise?

Customer: replied 22 days ago.
Thank you
Expert:  Ben Jones replied 22 days ago.

I am sorry to learn of the treatment you received. What is your specific query in relation to this please, so that I can best advise?

Customer: replied 22 days ago.
I feel that I was unfairly treated - constructive dismissal
Expert:  Ben Jones replied 22 days ago.

OK thanks, ***** ***** are you hoping to achieve please so that I can best advise?

Customer: replied 22 days ago.
I wanted to know if there is enough to build a case against the employer
Expert:  Ben Jones replied 22 days ago.

OK I understand and thank you for providing this information. Please do not worry and leave it with me for now; 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.

Expert:  Ben Jones replied 22 days ago.

Many thanks for your patience, I am pleased to be able to continue assisting with your query now. First of all, I am sorry to hear about the issues you have experienced in your situation.

The main issue in the circumstances is that to claim for constructive dismissal you need to have at least 2 years service. In the event you do not, which is the case here, you cannot make such a claim and it means you can also be forced out of your job after being treated unfairly, without the option to claim anything.

There are some exceptions to this, in which case the 2-year rule does not apply. These include situations where the issues you were facing was wholly, or partly, due to:

- 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

Whether this was a gender-related issue will depend on the reasons for your treatment and if this was anything to do with sexism, or just a personality clash. If it is the latter, you will not be able to claim so some evidence is required that gender was actually why you were treated this way and someone of the opposite sex would not have been treated that way.

Expert:  Ben Jones replied 22 days ago.

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.