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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48497
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I'm currently off sick with work related stress. The Company

Customer Question

I'm currently off sick with work related stress. The Company launched an investigation into my grievance in March 2014 and we agreed a protocol. I never heard from HR till beginning of July, when they emailed wanting to meet to discuss outcome. At that point, because it had taken so long, I said I was too unwell to meet and could they send me a copy so I could review it at my own time, to reduce stress. I never heard from them again until September and then not again until December. In December they appointed a new HR person. She sent out an email before Xmas. She sent out an email before Xmas, which I replied to. Emails from both her and the head of HR, whom I'd cc'd were returned to me causing more stress before Xmas. The only outcomes I've had to this investigation were from the new HR girl, whom does not fit the criteria for the investigation. I've had an on going saga with the Company. It took over 2 months to get any information from my personal file and even then, so much was missing. I've subsequently asked for a subject access request for all information and they've said they will send it without cost. I've said I'll appeal against their outcomes and put a grievance in against HR. They had now put a new line manager in charge of the case and he is trying to get me to go back to the beginning and launch a grievance. I've had enough, can I resign and just claim constructive dismissal just because of how HR have treated me without having to go into any other info regarding the investigation? Would this route mean I'd have to sign a settlement or is that something else? Many thanks Kathy
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. How long have you worked there for?
Customer: replied 2 years ago.

Since December 2009, but been off sick since February 2014

Expert:  Ben Jones replied 2 years ago.
This could potentially amount to constructive dismissal, which occurs when the following two elements are present:· Serious breach of contract by the employer; and· An acceptance of that breach by the employee, who in turn treats the contract of employment as at an end. The employee must act in response to the breach and must not delay any action too long. 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). 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. I know the issues have been ongoing for a while and that could be a slight problem if it is deemed that you have let this develop for too long, but you could argue that you have been rather unwell during that time and that you were waiting for a resolution from the employer. 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. Before you make a claim you would be required to go through ACAS and use their free conciliation service to try and negotiate a settlement with the employer. If these negotiations are unsuccessful only then would you be given permission to proceed with a tribunal claim. 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. I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Expert:  Ben Jones replied 2 years ago.
Hello, I see you have read my response to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? If your query has been dealt with please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. If you need further help please get back to me on here and I will assist as best as I can. Thank you.