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Stuart J
Stuart J, Solicitor
Category: Employment Law
Satisfied Customers: 22624
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street Practice
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Hi I have been to the doctors and been diagnosed with shingles

Customer Question

Hi I have been to the doctors and been diagnosed with shingles and was given acclovir tablets and told to rest and self certificate for 5 days then go back to my gp monday. I called my boss and told him yesterday morning he called me and said it doesnt ring true what i had said and asked what the name of the tablets i had been prescribed coz he wanted to google it so i gave him the name. Yesterday evening a work colleague texted me and said that my boss had googled the tablets in which are also given for herpes he then shouted out to the whole office laughing that i was off with Herpes and i must have caught a dose from my boyfriend, my colleague replied that i hadnt seen my boyfriend for 3 weeks , so my boss then said i must have been shagging someone else then . He then leaned back in his chair laughing and shouted out to the women in the office to sterilize the toilet before she used it! I am so upset and angry and dont feel i can go back to work if he has such a low opinion of me could you advise me what to do please regards Gill

Submitted: 4 years ago.
Category: Employment Law
Expert:  Stuart J replied 4 years ago.
Have you had any other problems with this person?. Will your work colleagues support you?
Customer: replied 4 years ago.


yes my work colleague will support me he has resigned , over the years various sexist remarks its a small company my 2 bosses and about 12 staff

Expert:  Stuart J replied 4 years ago.
Are you particularly bothered about continuing to work there?
Customer: replied 4 years ago.

no i dont feel i can return im too upset

Expert:  Stuart J replied 4 years ago.


Thank you. In which case, you have an employment tribunal
claim for failure by the employer, prevent workplace bullying and consequent
constructive dismissal, whereby you had no option but to leave. The tribunal
claim must be brought within a strict three-month timescale of when you leave.

They may want to pay you off rather than face the tribunal
claim and in this respect, if they do decide to do that, they would probably
require you to sign a compromise agreement. You would have to take advice on
the compromise agreement as part of the terms of it, and they are responsible
for those legal costs.



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Stuart J, Solicitor
Category: Employment Law
Satisfied Customers: 22624
Experience: PGD Law. 20 years legal profession, 6 as partner in High Street Practice
Stuart J and other Employment Law Specialists are ready to help you
Customer: replied 4 years ago.


how do i go about constructive dismissal can i do it myself ? and if i do would i be able to claim benefits making myself out of work

Expert:  Stuart J replied 4 years ago.

I am not a benefit expert. Let me pass this on to someone else

Expert:  michael holly replied 4 years ago.

You have to issue an application at the Employment tribunal .There are many solicitor's firms that deal with employment law cases on a no win, no fee or conditional fee basis and if you use one of those the case can be pursued by them at no cost to you so this would be your best choice.They usually advertise in the local telephone directories.

Jobseekers allowance can be delayed for up to 6 months where the applicant has voluntarily surrendered their employment but this will not apply to you since your employer breached the contract of employment and you are pursuing them for constructive dismissal.

I hope this helps. If there are any further points please reply

Best wishes

Yours sincerely

Customer: replied 4 years ago.

I dont have a contract i have worked there for 5 years they have no health and safety , no hr dept , in fact they do alot of thing illegally so i could have a fight on my hands

Expert:  michael holly replied 4 years ago.

Actually the fact that you do not have a contract makes it easier because you should by law have either a written contract or written terms of employment so they are already at fault.

You do have things that are agreed such as wages and holiday and these put together make up the oral contract that we say they have broken.

Yours sincerely

Michael

Customer: replied 4 years ago.

Hi Michael just wanted to ask do i give them a letter saying im going for constructive dismissal my work that is or what do i do? also friday at 4.05pm the contents from my desk were delivered to me in a bin liner! by a colleagues other half which my boss had asked him to do regards Gill

Expert:  michael holly replied 4 years ago.

Dear Gill

No, you do not have to do anything such as notify them that you intend to claim.The next step is to find solicitors that you feel comfortable with and let them get on with it for you.

Yours sincerely

Michael