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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 10383
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I was initially employed as a Team leader for a housing company

Customer Question

I was initially employed as a Team leader for a housing company on a 2 year contract. I far exceeded their expectations workwise and received much praise for my work. There were however several difficulties in my team with one team member committing several gross misconduct offences but I was given no support from my management. At one stage he stole paperwork from my office concerning himself and gave it to HR. They informed me it was not theft as he didnt intend to permanently deprive me of it. As an ex Police Officer he had committed an offence of theft and I informed them of this fact. I suffer from epilepsy and it was beginning to take a toll on my health. The company sent me to see a stress councillor and suggested I do a course in dealing with difficult people. I had also spent 26 years in the Royal Navy managing departments of over 100 personnel in the past. Shortly after January 2012 I was informed my position as team leader was not going to continue after July 2012. I was told I could leave the company then and they advised it was for the best on the grounds of my health and they suggested a compromise agreement. It was the last thing I wanted but they said they would not be keeping me on. Shortly after this they took me off the team and put me on another project saying they had made a mistake and I was on a permanent contract. They still however pressured me into signing a compromise agreement really against my will and better judgement. I was not thinking straight at the time and suffering fits every night due to the stress and pressure of work. I eventually took 3 months pay and left. 2 nights ago however I saw an article from the same employer in August 2012 with the team and its "New Team Leader". I was assured at the time i was never being offered this compromise because of my performance or my health but purely due to lack of funding. If funding was suddenly found again why was I not given first refusal and was I constructively dismissed. I wasnt well as they were aware and they really did want me gone
Submitted: 3 years ago.
Category: Employment Law
Expert:  michael holly replied 3 years ago.

Did your employer say what the alternative to the Compromise agreement was?

Did you report all the problems you had with this employee and what did they do?


Yours sincerely


Customer: replied 3 years ago.

I could have carried on coming into work until the end of my fixed term contract (which turned out to be permanent anyway) and then leave at the end of June


All problems were reported and the member of staff was given several crucial conversation. Suspended once but was still working for them when I left in March

Expert:  taratill replied 3 years ago.
Hello the other expert has opted out, can you tell me if you have signed a compromise agreement?
Customer: replied 3 years ago.

Yes I do have a signed compromise agreement which is over a year old. My alternative was to come in working until the end of June and then have to leave the company. They made that quite clear even after I informed them I didnt want to leave. They still insisted it was for the best for my health although this was no taffecting my work performance. They told me that also. At one point whilst we were trying to take action against a member of the team through gross misconduct, including fighting, drunkeness, racial comments, failing to attend work and so on, the director told me he did not want tribunals on his hands he would just dismiss somebody. This never happened. I reported everything including the theft of my property and HR handling stolen goods. All of which were ignorned apart from me being given councelling and a suggestion I do a course on dealing with difficult people. The company acted under handedly and lied whilst I was in a vunerable state of mind. I felt bullied and intimidated into submission . I know now I should have appealed at the time but I was assured my position was going whatever

Expert:  taratill replied 3 years ago.
Ok thanks. Do you have any specific questions about this?
Customer: replied 3 years ago.

I just wanted to know if I was the victim of a constructive dismissal

Expert:  taratill replied 3 years ago.
sorry for the slight delay, did you sign the compromise agreement in June 2012 and did you receive legal advise in connection with the agreement?

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