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Jenny McKenzie
Jenny McKenzie,
Category: UK Employment Law
Satisfied Customers: 5069
Experience:  10 Years of experience in Employment Law and HR
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Hi, I work in sales and, as you will know, you are only

Resolved Question:

Hi,

I work in sales and, as you will know, you are only as good as your last deal! I have gone through a dry patch and feel that my employer may get ready to fire me. I have had no notice of this, nor any questions raised about my performance, nor has anyone spoken to me regarding disciplinary. My company has a reputation of being "clumsy" when it comes to firing people.

I have worked here for 18 months.

If I carry on and them try to fire me without any other due process, what rights do I have?

The lack of sales (across the organisation), is due to a number of failing on the part of the board, management team and product team. Could I pre-empt them and document these failings? If I went down this route, would this offer me any additional protection?

Thanks
Submitted: 1 year ago.
Category: UK Employment Law
Expert:  Jenny McKenzie replied 1 year ago.
Hello and welcome to Just Answer, on what date did your employment commence?
Customer: replied 1 year ago.

11 December 2011 was my start date.


 


I have just learnt that they are limiting my duties, but without explanation.

Expert:  Jenny McKenzie replied 1 year ago.
Ok thank you have they said your pay will be reduced?
Customer: replied 1 year ago.

No. They are asking me to perform admin tasks and limiting my ability to speak with prospects. But they have not, at any time, raised in issues about my performance or have put me under any kind of formal disciplinary or performance review.

Expert:  Jenny McKenzie replied 1 year ago.
Ok originally your question was that you were concerned about being dismissed. Now you know the position do you have a specific question you would like to ask?
Customer: replied 1 year ago.

I don't really know the position as they have not said anything to me officially. I have just been set tasks and limited in carrying out my proper role. What I want to know is, what action can I take:


 


a) In advance to highlight their own failure on the support they promised to provide. Could this help strengthen my position?


 


b) If they do fire me, without following a proper process, how strong is my position? Do I have a wrongful dismissal case?


 


c) do I now have a constructive dismissal case, should I now resign as a result of my change of duties?

Expert:  Jenny McKenzie replied 1 year ago.
Sorry for the delay I will respond in full this morning.
Expert:  Jenny McKenzie replied 1 year ago.
Hello, if your employment is terminated by them you have adequate service to claim unfair dismissal, they also may not demote you (or reduce your duties) without following a fair performance procedure as this would give rise to you having the right to resign and claim constructive dismissal. I would suggest you raise a grievance about their lack of support and say that what they are attempting to do now (i.e. reduce your duties) is a breach of contract and that if matters are not address you will have no alternative but to resign and claim constructive dismissal.

Obviously I am not able to assess this from the employer's point of view but on the basis of what you say you have a strong argument.

If you have any further questions please do ask. If I have answered your question I would be grateful if you would give my answer a positive rating. Thank you and all the best.
Jenny McKenzie,
Satisfied Customers: 5069
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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