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Ben Jones
Ben Jones, UK Lawyer
Category: UK Law
Satisfied Customers: 44903
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I woz on sick from my area manager job and while I woz of

Customer Question

Hi I woz on sick from my area manager job and while I woz of they turned my company phone off and blocked emails on lap top I woz told by my manager to call every Friday and update on my health witch I did but she never awnserd or returned calls and this went on no 1 would talk to me so I wanted to to return to work and expected a return to work meeting but no they sent a letter for probation review witch I felt woz rong and couldn't do the day they wanted so emailed them to say but never got a reply then last Friday they said start back Monday so I said I need phone and laptop putting back on . Monday morning and not working so I emailed to say I Carnt do job as no phone or laptop witch I get a return email saying how disappointed they are I feel I'm being forced out? Mike bowers
Submitted: 19 days ago.
Category: UK Law
Expert:  Ben Jones replied 19 days ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Customer: replied 19 days ago.
Hello
Expert:  Ben Jones replied 19 days ago.

Hi there. Please can you tell me how long you have worked there for?

Customer: replied 19 days ago.
I feel they have made my job unte. I'd been there since september
Expert:  Ben Jones replied 19 days ago.

OK thank you, ***** ***** it with me. I am in court today so will prepare my advice during the day and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.

Customer: replied 19 days ago.
Thanks
Expert:  Ben Jones replied 19 days ago.

Just to check - what was the reason for the sickness absence?

Customer: replied 19 days ago.
I woz attending a rehab course for a week wall in heart
Expert:  Ben Jones replied 19 days ago.

Thanks for getting back to me. The issue here is that if you have been continuously employed at your 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 or constructive dismissal. This means that your employer can dismiss you or force you to resign for more or less any reason, and without following a fair procedure, as long as their decision is not based on discriminatory grounds (i.e. because of gender, race, religion, age, a disability, sexual orientation, etc.) or because you were trying to assert any of your statutory rights (e.g. requesting maternity/paternity leave, etc.).

So even if you were being picked on because of your absence due to rehab, that is not a discriminatory reason and as unfair as it seems, it would not be unlawful (or more precisely you would not be able to challenge it legally). Of course you can still pursue it internally, such as through the grievance procedure but if that does not work and if you are eventually forced out or dismissed, due to your length of service you would not be able to challenge this.

I'm sorry if this is not necessarily the answer you were hoping for, however I do have a duty to be honest and explain the law as it actually stands. This does mean delivering bad news from time to time. I hope you understand and would be happy to provide any further clarification if needed. If you are still satisfied with the level of service you have received I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 starts at the top of the page. Thank you

Expert:  Ben Jones replied 18 days ago.

Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.

Expert:  Ben Jones replied 17 days ago.

Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.