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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47362
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I Was called to my managers office on 1/3/14 and advised that

Resolved Question:

I Was called to my managers office on 1/3/14 and advised that she wanted me to resign or I would be dismissed. no reason given and no discussion. I had been with the local authority since Aug 2013. had been shadowing another member of staff had no supervision or advanced warning, no discussion no meeting since Dec 2013 when told she had organised for me to have a constant mentor. Since Aug had had various shadowing rotas weith several different staff who all did tasks differently. This concerned me as it was as a care worker with elderly clients I was very frightened that I would do something wrong which is why they put me with one member of staff. After the meeting where I was forced to resign a call was made to my mentor to ask how I had been getting on when the mentor said I had gained confidence and doing really well the caller responded by saying OH!!. I did not want to be dismissed so in shock I said I would resign.I have now found out that because I agreed to resigned and should I not be able to get another job immediately I will not be allowed benefit for 16 weeks,as I have never been dismissed I had no idea. The procedures have not been followed I know this but not sure what to do now. I did lack confidence at the beginning, I had just moved house and my mum was dangerously ill in hospital all at the same time as starting the new job. I left a full time job with M&S to take this opportunity and now with no justifyable reason I am left jobless.
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.

Ben Jones :

Has your employment already ended?

Customer:

Yes I had to leave the office and that was me finished.

Ben Jones :

ok let me get my response ready please

Customer:

why

Ben Jones :

why what?

Customer:

Why have you stepped out of the chat

Ben Jones :

I have not

Customer:

I am sorry I received a message saying Ben Jones has stepped out of this chat.

Ben Jones :

oh, may be a technical issue, you can ignore that

Ben Jones :

If you have been continuously employed at your place of work for less than 2 years then your employment rights will unfortunately be somewhat limited. Most importantly, you will not be protected against unfair dismissal or constructive dismissal. This means that your employer can dismiss you or force you to leave 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.).


 


It is unfortunate that you did not know the repercussions of resigning instead of being dismissed but unfortunately there is now little that can be done about that as the reason for the termination already stands as a resignation. However, you can state hat you were constructively dismissed (which means basically you were left with no other option but to resign) and in some cases that can be treated in the same way as having been dismissed so you could still be entitled to jobseekers’ benefits.


 


But I am afraid you cannot challenge the employer’s actions and even though you have written to them, if that does not get you anywhere, you do not have the necessary legal requirements to take the matter any further.

Customer:

I am sorry what legal requirements would I need.

Ben Jones :

2 years service

Ben Jones :

or to be a le to show that one of the above mentioned exceptions applied, but from what you have said that does not appear to be the case?

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