Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. How long have you worked for this employer?
ok thanks let me get my response ready please
ok there are a lot of other issues
This could potentially amount to constructive dismissal, which occurs when the following two elements are present:
A common breach by the employer occurs when it, or its employees, have broken the implied contractual term of trust and confidence. The conduct relied on could be a single act, or a series of less serious acts over a period of time, which together could be treated as serious enough (usually culminating in the 'last straw' scenario). In your case you can also rely on the probation issue because that in itself can amount to a breach of contract.
The affected employee would initially be expected to raise a formal grievance in order to officially bring their concerns to the employer's attention and give them an opportunity to try and resolve them. If the issues are so bad that the employee can't even face raising a grievance and going through the process, or if a grievance has been raised but has been unsuccessful, then they can consider resigning straight away.
If resignation appears to be the only option, it must be done without unreasonable delay so as not to give an impression that the employer's breach had been accepted. Any resignation would normally be with immediate effect and without providing any notice period. It is advisable to resign in writing, stating the reasons for the resignation and that this is being treated as constructive dismissal.
Following the resignation, the option of pursuing a claim for constructive dismissal exists. This is only available to employees who have at least 2 years' continuous service. There is a time limit of 3 months from the date of resignation to submit a claim in the employment tribunal.
An alternative way out is to approach the employer on a 'without prejudice' basis (i.e. off the record) to try and discuss the possibility of leaving under a settlement agreement. Under a settlement agreement, the employee gets compensated for leaving the company and in return promises not to make any claims against the employer in the future. It is essentially a clean break, although the employer does not have to agree to it so it will be subject to negotiation. In any event, there is nothing to lose by raising this possibility with them because you cannot be treated detrimentally for suggesting it and it would not be used against you.
Just to make a final, yet important point, that constructive dismissal can be a difficult claim to win as the burden of proof is entirely on the employee to show the required elements of a claim were present. Therefore, it should only be used as a last resort.
ok I am reading this I have not been dismissed
I know, this is constructive dismissal - you do not have to be dismissed, I know it has the word 'dismissal' in the term but it happens when you resign
ok sorry I have asked to have the six month probation start again with the correct support and mentoring they have offered 3 months with no recognition of stress caused
the stress issue can be dealt with under the grievance policy and a reminder that under health and safety regulation an employer has a duty to reduce or prevent stress to employees
if I raise a grievance would it be under breach of contract
yes also the stress issue as mentioned above
ok so if I send a grievance under the breach of contract trust and confidence and list the issues with no support training etc that would be enough
yes that would be the starting point, then you have to see what the outcome is - if there is no resolution that is when you have to think about the constructive dismissal route if necessary
do I need to set out what I want to resolve the situation
the fact that I was not informed of a probation period would that come under the same heading as I thought it was alegal requirement under employment law
yes, you set out your complaints and what ideally you want done about them
yes the probation issue is the breach of contract
is there anything else I need to know or do
not at this stag - this is what you need to know t okick start the process and deal with these issues, the next steps will depend on how this process goes
ok thank you
you are welcome
I have just asked another question 40.00 has bee ntaken from my account and you have not responded