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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48168
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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My role at work chamged with the dismissal of my boss and although

Resolved Question:

My role at work chamged with the dismissal of my boss and although I asked for a pay rise to deal with his additional work, this was refused. I handed in my notice and now my potential replacement is to get a huge increase and this is unfair.....anything I should do?
Submitted: 2 years ago.
Category: Employment Law
Expert:  Remus2004 replied 2 years ago.
Hi
Thank you for your question. My name is ***** ***** I will try to help with this. Have you worked there for more than two years?
Expert:  Ben Jones replied 2 years ago.
Hello, my name is ***** ***** my colleague has asked me to assist with your query as it is more my area of law. How long have you worked there for and when did your employment terminate?
Customer: replied 2 years ago.

I am on a year to year contract and have been for 3 years

Customer: replied 2 years ago.

I am on a year to year contract and have been for 3 years.

Expert:  Ben Jones replied 2 years ago.
Has your employment terminated?
Customer: replied 2 years ago.

My last day is Sunday.

Expert:  Ben Jones replied 2 years ago.
Now that you have resigned the only thing you can do is consider a claim for constructive dismissal. This 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.
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.
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
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48168
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and 2 other Employment Law Specialists are ready to help you