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Jenny McKenzie
Jenny McKenzie,
Category: UK Employment Law
Satisfied Customers: 5095
Experience:  10 Years of experience in Employment Law and HR
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what employment rights do I have in my first year of employment,

Resolved Question:

what employment rights do I have in my first year of employment, as i think that my employers are going to ask me to leave before the 26th May 2011, when I will have been employed with them for a year
Submitted: 3 years ago.
Category: UK Employment Law
Expert:  Jenny McKenzie replied 3 years ago.
Hello and welcome to Just Answer, why do you think they will do this?
Customer: replied 3 years ago.
Budget issues and the fact that I have complained about them to the local authority
Expert:  Jenny McKenzie replied 3 years ago.

can you explain why you have complained about them and also tell me what notice period your contract contains?

Customer: replied 3 years ago.
I don't have a contract and the complaint was more a whistle blow, which I signed from all staff, without there full consent
Expert:  Jenny McKenzie replied 3 years ago.

ok but what issue were you whistleblowing about?

 

 

Customer: replied 3 years ago.
About the Governance of the charity and how the organisation is managed
Expert:  Jenny McKenzie replied 3 years ago.
can you be more specific? What have you alleged? Did you raise concerns with your employer before going to the local authority?
Customer: replied 3 years ago.
I did not raise the concerns with the trustees before going to the local authority.I have alleged that some people are not doing their jobs, that I disclosed the salary of the managed. Also some financial impropriety.
Expert:  Jenny McKenzie replied 3 years ago.

Ok well the basic position is that an employee with under a year's service does not have the right to claim unfair dismissal if they are dismissed.

 

The employer could therefore dismiss you. The employer would have to pay you statutory notice of one week's pay plus any outstanding accrued holiday pay.

 

There is an exception to the basic position where an employee is dismissed for making a protected disclosure (whistleblowing). If you are dismissed you should appeal on this basis. You can also claim unfair dismissal under this exception.

 

In order to win you will have to show that it was reasonable for you to make this disclosure without first discussing your concerns with the employer and asking them to put matters right.

 

Please remember to press ACCEPT I will then leave the question open to answer your follow on questions.

Jenny McKenzie,
Satisfied Customers: 5095
Experience: 10 Years of experience in Employment Law and HR
Jenny McKenzie and 2 other UK Employment Law Specialists are ready to help you

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