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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6307
Experience:  15 years experience of advising on employment law matters
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I mentioned to by line manager I am looking at opportunities

Resolved Question:

I mentioned to by line manager I am looking at opportunities outside the company and would be likely to resign this year due to the lack of development opportunities in the business. I feel like am being put under pressure to resign.
Their reaction was to ask for my date of leaving, I confirmed in writing I had not resigned and I have subsequently re-asserted the fact in writing I have no intention of resigning without a signed offer from another company that I am comfortable with (but I am still in a recruitment process externally).
I have been at the company over 5 years and I have an excellent performance rating, I am a UK employee.
I have a meeting shortly where they want to talk about their "concerns", what advice can you give me?
Submitted: 3 years ago.
Category: Employment Law
Expert:  taratill replied 3 years ago.

taratill :

Hello my name is XXXXX XXXXX I am happy to help you today.

taratill :

They are not able to terminate your contract on these grounds or to force you to resign. If they were to do so you would be able to claim constructive (or unfair dismissal).

taratill :

If you are thinking of going to a competitor they may have concerns about their confidential information or that you could pose a threat to the employer in some way.

taratill :

Whilst you are still employed you owe a duty of trust and confidence to your employer and if you were to be found to be in breach of this it may give them grounds to terminate your employment. Simply seeking alternative work does not amount to a breach of this duty.

taratill :

You should reassure them that you know that your duty is towards them as your existing employer and that until you secure an alternative job you intend to work diligently for them.

taratill :

Hopefully that will make them see sense.

taratill :

If you have any further questions please do ask.

Customer:

I am not actually talking to a competitor. Should I advise them in writing that I feel pressurized to resign or do I not need to do that? I'd prefer not to have to as it look

Customer:

I am not actually talking to a competitor. Should I advise them in writing that I feel pressurized to resign or do I not need to do that? I'd prefer not to have to as it looks awkward but equally my line manager does have a tendency to be a little pushy when they don't get what they want.

Customer:

Presumably I am under no legal obligation at this stage to do anything other than assure them of my commitment in my current role, and I now don't have to give any further information until if/when I have in my notice?

taratill :

You are right that you are under no further legal obligation to them. If you feel under pressure to resign then there is harm in telling them that's how you feel in the meeting. You do not need to put it in writing though.

Customer:

I assume you mean there is no harm?

taratill :

apologies, I do mean no harm!

Customer:

Ok great, the other scenario I would value input on is if they start to make my life difficult after this. I had a year of being and outstanding performer, then was downgraded to partially met's when I was asked for promotion, kept quite for a year and got outstanding again. I am now concerned that if the other job offer does not come I've made my life very difficult.

Customer:

Not sure this is a legal point but any advice appreaciated

taratill :

If they erode your role or try to performance manage you without good reason then you would have the right to raise a grievance. Ultimately you may have the right to resign and claim constructive dismissal if they make your continued work untenable.

Customer:

Many thanks

taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6307
Experience: 15 years experience of advising on employment law matters
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