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Ben Jones
Ben Jones, UK Lawyer
Category: UK Law
Satisfied Customers: 48193
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I was suspended today from work, I was told I needed to talk

Customer Question

Hi,
I was suspended today from work, I was told I needed to talk to the manger, or it was put "we need to talk" after explaining that I was busy trying to get orders made for a waiting collection, I was followed round the place of work with this person at my heels repeated saying "we need to talk" I then snapped throw my things on the floor and the person was told to f**k off. I then went to the tea room for 5 mins to calm down before going to the office, where I was told again "we need to talk" the person even stood in the door way to block the exit, after explaining that I didn't want to talk, just wanted to go back outside and carry on with my work, I had to gentle push my way pass to get back outside. I know I was wrong to swear, but I do feel as though I was being hounded, the boss then called me into the office, where there was the boss, the person I swore at and myself. Still feeling wound up about the whole issue, I told them I did not want to talk, then after hearing the wo
Submitted: 2 years ago.
Category: UK Law
Expert:  Ben Jones replied 2 years ago.

Do you have a specific question about this ?

Customer: replied 2 years ago.
Was the person I swore at justified in following round the work place, then making it difficult for me to leave the office to carry on working, if I'm dismissed, how do I stand.
Expert:  Ben Jones replied 2 years ago.

Hello, not sure if you saw my follow up query - I needed to know how long you have worked there for please?

Customer: replied 2 years ago.
Hi, it's just over 6 months.
Expert:  Ben Jones replied 2 years ago.

Thank you. Obviously the person’s behaviour was unreasonable and you should not have been subjected to this – it could amount to bullying. You have the right to complain about their behaviour to your employer, such as by raising a formal grievance.

The main issue here however is the fact you have been employed at your place of work for less than 2 years, which means your employment rights will unfortunately be somewhat limited. Most importantly, you will not be protected against unfair dismissal. This means that your employer can dismiss you 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.).

This means that even if you were bullied or provoked into swearing, you may still be dismissed without being able to challenge it. I agree that it appears unfair but the law is very clear on employees with less than 2 years’ service and even if you are completely innocent and the victim of obvious bullying, you could still be legally dismissed just because you have less than 2 years’ service and are not protected against unfair dismissal.

I would hope it does not result in a dismissal but at least you know where you stand should it get that far.

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 2 years ago.

Hello, I see you have read my response to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? If your query has been dealt with please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. If you need further help please get back to me on here and I will assist as best as I can. Thank you.

Expert:  Ben Jones replied 2 years ago.

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