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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46795
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Hi there,I currently am employed as a legal assistant

Resolved Question:

Hi there, I currently am employed as a legal assistant in a UK based law firm. The practise is run by a sole practitioner who is rarely if ever in work. I wish to terminate my contract with immediate effect and skip my 1 month notice period as my contract states). My reasons for doing so are as follows; 1. I have witnessed numerous acts of illegal and fraudulent activity. Specifically; - Falsification of invoices - Misleading medical experts that funds for their services are under dispute (in costs hearings) when this is not that case. I have specifically been asked to lie to experts that their earnings are in dispute when they are not. I refused. - Damages not forwarded to clients, in one case it's been 9 months. - Repeated requests for member's of staff to forge the partners signature onto court forms and client consent forms. 2. Gross Misconduct - Clients are lied to frequently. The partner requests lies are told repeatedly to clients, solicitors and imdemnifiers. - No on duty solicitior present since I commenced work. - Clients cases left to pass their limitation dates without informing the client. Essentially leaving the client unable to make a claim as it's been barred by statute. 3. My job role isn't what my contracted stated. I could go into details if required, but in short nothing that was promised at time of the contract (such as on site training, running my own case files) has been delivered. Given the above points, am I within my rights to terminate my contract with immediate effect? Should I retain evidence of the fraud to support my claim?

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

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. How long have you worked there for?

I am just travelling so will respond with a slight delay, thanks

Customer:

Hi Ben, I

Customer:

I've worked there for 9 months give or take

Customer:

Hi Ben, i've been there 9 months give or take

Customer:

Ben, I've gotta nip out for a bit, just leave any questions here for me

Customer:

I'm back

Customer:

I'm not sure if this live chat is working, if it is, please let me know if there's anything more you need, cheers

Ben Jones : Hi thanks for your patience, I did try to get back into chat but I think there were some connection issues earlier. When you wish to leave your employment you would usually be expected to serve your contractual notice period because failure to do so could make you in breach of contract. However, there are circumstances when you can leave with immediate effect and that is where you would be arguing that the employer had breached the contract first, in turn making it void, together with all the terms contained within it. This is usually when the employee would claim they had been constructively dismissed. Common examples of when this can occur is where there has been a direct breach of some of the contractual terms, or if the employer has acted in a manner that has breached the implied term of trust and confidence that exists in every employment relationship, it could be unfair treatment, bullying, failure to follow relevant procedures, etc. in your case there are certainly grounds to claim breach of contract by the employer and claim that you have been constructively dismissed, allowing you to leave with immediate effect. It is also worth mentioning that it is very rare for an employer to pursue an employee for breach of contact for not giving the notice they are supposed to so generally you should not feel too threatened about legal action being taken against you in these circumstances. Of course there is Jo harm in retaining evidence just in case this is challenged in the future but you should also state these reasons in your resignation letter so that you create some documentary evidence that summarises your reasons for leaving immediately
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46795
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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