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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47904
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have worked as a nurse years. I am 57 and I have

Resolved Question:

Hi I have worked as a nurse for many years. I am 57 and I have been suffering from periods of anxiety and on medication for depression. My trust expect us to do online training where neither access to computers or time is given out fairly to complete mandatory training. My manager is constantly on about it. This is making me quite worried about the consequences of not doing it. I also seem to be being excluded from any professional development opportunities and feel as if I am being deskilled. Is there any action that I can take? The person who is trying to do my appraisal says I dont matter. Thankyou . From vicki
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. 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).
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.
If the way too are being treated is actually linked to your medical condition then it could also amount to disability discrimination. To pursue this the grievance option is still the first step but after that you could make a claim in the employment tribunal for discrimination without resigning first. You could also make a claim for constructive dismissal and discrimination at the same time so there are various options open to 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
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