How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ben Jones Your Own Question

Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46805
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Employment Law Question Here...
Ben Jones is online now

Ref: Employment Law. My partner has given Notice at his place

Resolved Question:

Ref: Employment Law.
My partner has given Notice at his place of work (after 20 years, good Service, a 'clean record' and excellent 'sick record') and instructed his employer that he will be leaving. His current employer has made contact with his future employer and disclosed that he has 'personal problems' that he may wish to be aware of. In addition to this, has told other current employees that my partner is no struggling to manage and, in essence, is not fit for work. My partner is in a Management position. I constructed an email (which we sent last Friday) outlining that this is a misuse of personal data and confidentiality and a breach of the Law etc. In addition to this, they owe each other a Duty not to act in a way that is likely to destroy or seriously damage the relationship of trust and confidence between employee and employer .  This is a term which is implied, by law, into every contract of employment.  Due to the fact that this has now fundamentally breached this, the case could now be viewed as Constructive Dismissal and requesting a response with in 7 days. Subsequent uncomfortable working conditions and we have no idea how to proceed. We are willing to instruct a Solicitor, but would value some professional thoughts! Many thanks.
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.
Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. can you tell me has his future employer withdrawn his offer of employment
Customer: replied 3 years ago.
Future employer has not withdrawn offer of employment
Expert:  Ben Jones replied 3 years ago.
You are correct that there is an implied term of trust and confidence in every employment relationship, however to be able to claim constructive dismissal he must show that he was resigning in response to that breach and that he has suffered losses as a result. The issue is that he had already resigned prior to the breach so the employer could certainly try and argue that there was no constructive dismissal because the resignation had occurred voluntarily before any alleged breach had taken place.

The other issue is what he could potentially claim from pursuing such a claim. All he can claim is for future losses of earnings resulting from his resignation. If he has managed to secure another similar job straight or soon after leaving the current employer, he would not have suffered many losses and pursuing a constructive dismissal claim would be somewhat pointless and too much of a risk.

Instead he could try and pursue the employer for negligence, by arguing that the comments they made have been negligent and that if he has suffered losses as a result (e.g. not getting the new job) he can make a claim for compensation to cover these. He may also warn the employer he has been guilty of defamation although such claims are very complex and expensive so just use it as a warning rather than making a full claim.

I hope this has answered your query. Please take a second to leave a positive rating, or if you need me to clarify anything before you go - please get back to me and I will assist further as best as I can. Thank you
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46805
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Employment Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Ben Jones

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11030
    Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
< Previous | Next >
  • http://ww2.justanswer.co.uk/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11030
    Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.co.uk/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    41
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.co.uk/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Laywer

    Satisfied Customers:

    49
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.co.uk/uploads/taratill/2010-03-09_111600_phpsik04M_c2AM.jpg taratill's Avatar

    taratill

    Solicitor

    Satisfied Customers:

    672
    15 years experience of advising on employment law matters
  • http://ww2.justanswer.co.uk/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg chatham-chamber's Avatar

    chatham-chamber

    Solicitor

    Satisfied Customers:

    24
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.co.uk/uploads/LI/li/2014-12-19_134845_lexughes.64x64.jpg Alice H's Avatar

    Alice H

    Solicitor Advocate

    Satisfied Customers:

    99
    Partner in national law firm with 20+ years legal experience
  • /img/opt/shirt.png tdlawyer's Avatar

    tdlawyer

    Laywer

    Satisfied Customers:

    53
    Lawyer with 9 years experience in employment related issues.
 
 
 

Related Employment Law Questions