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Currently workingin HR dept as Recruitment manager- 3 months

 
Michael Holly's Avatar
  • Answered by:Michael Holly
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Customer Question

Currently workingin HR dept as Recruitment manager- 3 months n to a 6 month contract with company and probation will cease on August 28th.
Subject to bullying at work in circumstances following team throwing a ball I was hit(injured and in pain) and they all laughed at me. Suffered mild concussion and had headaches etc, attended A and E , Made to feel that I was making it up. I did not pursue in accident book.
As well as managing recruitment One of tasks was to do a SLA agreement I started working on this and enlisted help of intern who agreed to put mt work into power point as this is not one of my skills. He sat on it and it did not move forward. My manager was veryangry. I have now done the work and put it in a word document.
Since then I have been led to believe that my contract is about to be terminated on Tuesday in circumstances where one member of team talked to another at same desk about doing a direct search and approaching recruitment managers on Linked in(I I concluded this was for my replacement). He also said that Tuesday it would be an interesting day.
I think this is more bullying and makes prospective termination unfair but I am only entitled to 1 weeks notice within probationary period.
What should I do? Should I take action with my manager on Monday or wait? Or should I go over her head and speak to H R director?

 

Optional Information:
System of Law: England-and-Wales

Already Tried:
Nothing

Submitted: 288 days and 14 hours ago.
Category: UK Law
Value: £40
Status: CLOSED
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Expert:  Michael Holly replied288 days and 13 hours ago.

It must be very difficult to do your job with all this going on the background.

Given that you have only been there a short period my inclination would be to try to deal with this informally to start with. I would simply speak to either the manager or the HR director whoever you feel is more approachable

You do have the option of using the company grievance procedure , which they must have by law, to make a formal complaint but they may be seen as being confrontational and unlikely to help your prospects of keeping the job.Also much of this is floating in the background and may or may not be the actual position

I hope this helps .If I have missed something or you have further questions kindly reply

Best wishes

 

Yours sincerely

 

Customer replied288 days and 13 hours ago.

This is not enough I am told by team members that I am about to be given notice that my contract will beterminated on Tuuesday.Can I stop this happening and it goes ahead can the fact that the bullying has been going on make this a wrongful dismissal?

Customer replied288 days and 13 hours ago.

,This is not enough I am told by team members that I am about to be given notice that my contract will beterminated on Tuuesday.Can I stop this happening and it goes ahead can the fact that the bullying has been going on make this a wrongful dismissal?

Customer replied288 days and 13 hours ago.

Please reply on the specifics re wrongful dismissal

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Expert:  Michael Holly replied288 days and 11 hours ago.

If the contract is terminated without good reason or if the contract has been breached by the employer through bullying then you can claim wrongful dismissal which is the remedy for breach of contract. Unless the employer was aware of the bullying and failed to do anything about the situation then they can say that they simply did not know so it it would help you if you have reported it at some stage

Because you have been there for less than one year you cannot claim unfair dismissal in the absence of race , sex or age discrimination so your claim would be wrongful dismissal.The remedy would be to put you in the position that you would have been in had the contract been carried out correctly.The difficulty is that under the contract the employer only has to give you one weeks notice in any event.The purpose of the probationary period is to see if you both fit so they can simply say it is not working for them and gives you one week's notice. The bullying would not make any difference because you have received what you are entitled to under the contract

This is why you need to enlist some support within the company

Please reply if you have any further questions and only rate at the end of our contact

 

Yours sincerely

Michael

 
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