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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 10399
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have been working for a company for 11 months, recently I

Customer Question

I have been working for a company for 11 months, recently I was called to see the area manager. CCTV was found of me urinating in a cleaners bucket. Now the reason I did this was because I had been being blackmailed by a former employee who had a criminal record, and has been made redundant. (The head office new all about the black mailing, as did the assistant manager, and the police

When I was called to this meeting I was asked to resign, and the company say it is because i am not prepapred to travel to a new site.

The company in question have not followed proceedure as in their handbook, of an investigation, and a disaplinary. My record for 11 months has been clean.

1. What grounds do I have to go to a solicitor, put my points accross and ask for my old job back as they have not followed a correct procedure.

2. What Grounds do I have for compensation

Please assist
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is Ben and it is my pleasure to assist you with your question today.

Ben Jones :

Before proceeding please note that as I am a practising solicitor, I am often in and out of meetings, travelling between clients or even at court when I pick your question up. This may even occur at weekends. Therefore, I apologise in advance but there may be a delay in getting back to you and providing my advice. Please be patient and I will respond as soon as I can. You do not have to wait here and you will receive an email when I have responded. For now please let me know whether you have resigned yet

JACUSTOMER-e6t90hck- :

Thank you I await your reply asap

Ben Jones :

Thanks but can you please clarify if you have resigned or if your employment has been terminated in another way?

JACUSTOMER-e6t90hck- :

the company in question, made me resign, before they said I would be sacked. Now from my point of view they have not followed the correct process, and although they asked me to resign, I have NOT written any resignation letter

JACUSTOMER-e6t90hck- :

so what I would like to know is, should I go for compensation for constructive dismissal, or shall I write a letter, explaining things through my solicitor, and ask for my job back

Ben Jones :

When you say they have not followed the correct procedure are you referring to a contractual procedure they had in place?

JACUSTOMER-e6t90hck- :

I did not want to resign . so surly them asking me to do so is constructive dismissal. Also if they say i was going to be sacked then they havea preconcived idea of any investigation and outcome which is wrong.

JACUSTOMER-e6t90hck- :

what would you advise please

Ben Jones :

The problem here is your length of service. If you have been continuously employed at your place of work for less than 2 years then your employment rights will be somewhat limited. Most importantly, you will not be protected against unfair dismissal or constructive dismissal. This means that your employer can dismiss 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 whilst in general forcing you to resign against your will can amount to constructive dismissal, you do not have the required service to be able to make such a claim against them.

So whilst you can appeal this outcome and ask for your job back, if this is refused, there is very little you can do to challenge this or seek any compensation, not unless you can show this was due to discrimination but I cannot see any evidence of that here.

JACUSTOMER-e6t90hck- :

I agree with what you say, however the cctv came to light when a sacked assistant manager sent this to head office, he had a vendeta against me from the start, and he was encouraging the blackmail from this other guy.

JACUSTOMER-e6t90hck- :

so your opinion is the best i could do is write a letter explane the circumstances, and ask to meet the owner, to see what he says

Ben Jones :

the reasons you mentioned will not change any of your legal rights. You have every right to write to them and explain what happened and even meet with them but they can refuse to acknowledge this or meet with you and can keep things as they are, in which case you cannot really take the matter any further

Ben Jones :

Please let me know if this has answered your query or if you need me to clarify anything else for you in relation to this?

Expert:  Nicola-mod replied 3 years ago.
Hello,

Just a quick reminder, there is an unrated answer waiting for you here from the Professional.

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Thank you,
Nicola

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