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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47372
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Im over stressed at work. i fell like i have no other option

Customer Question

Im over stressed at work. i fell like i have no other option than resign. I'm a senior manager for a large company working over 10 years. Im well respected at my position and have no pending disciplinary or performance related case against me. The reason behind is simply i can't align with the leadership style of my superior who is one of the company director. HE is old fashioned leader and leave no option to express my concern regards ***** ***** my peers wellbeing. i do not wish go down the route of constructive dismissal . Can i offer my resignation with asking a settlement at the same time. I need to give 3 months notice and i have a non compete clause for another 3 months which won't allowed me to work for a competitor. I'm only asking 6 months notice to be paid and i do not wish to fulfil my notice period . Please advise
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello have you for ally raised these issues with the employer?
Customer: replied 1 year ago.
No i haven't. My director is extremly autocratic leader . If you dare to raise any issue with him i would suffer afterwards. This is the reason i prefer to go than to put up a fight with him.
Customer: replied 1 year ago.
He is the operations director of the company i do not want to make such case as it would be damaging for many of my collages as well
Expert:  Ben Jones replied 1 year ago.
Whilst stress in the workplace is becoming an ever-increasing problem, no specific legislation deals with it. The rights of employees in these circumstances are scattered across various legislation and common law examples. A good starting point is to look at The Health and Safety at Work Act 1974 and related statutory instruments, which impose a general duty on employers to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all their employees. This includes a duty to undertake risk assessments and manage activities to reduce the incidence of stress at work. In addition, under common law an employer owes a duty of care towards its employees, the breach of which can amount to negligence. You have stated that you do not wish to make a claim or pursue this further and of course that is your choice if you wanted to do so. However, at the same time you cannot force the employer to agree to release you without working your notice period and pay you something on top of that too. You have little to lose by approaching them and making that proposal but it would be entirely up to them. If they refuse to accept that then you may still resign and get signed off sick for the duration of your notice period but it would not get you the extra 3 months pay you are after. What you could do instead is still start the initial steps of a constructive dismissal claim, which would involve third party negotiations and could still result in financial compensation or you without the need to ever make a formal claim. This is your basic legal position. I have more detailed advice for you in terms of the negotiations process I mentioned, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there I no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
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Expert:  Ben Jones replied 1 year ago.
Thank you. A new feature in the employment tribunal’s claims process is mandatory early conciliation with ACAS. This requires prospective claimants to notify ACAS and provide details of their intended claim and they would then try to negotiate between the claimant and respondent to seek out of court settlement in order to avoid having to take the claim to the tribunal. It is possible for the parties to refuse to engage in these negotiations, or that they are unsuccessful, in which case they would get permission to proceed with making the claim in the tribunal. If negotiations are initiated and settlement is reached, then the claimant would agree not to proceed with the claim in return for the agreed financial settlement. The conciliation procedure and the form to fill in can be found here: https://ec.acas.org.uk/Submission/SingleClaimantPage So it is possible that if the employer refuses to consider any settlement you can initiate this conciliation process and try your luck with ACAS – you have nothing to lose.
Customer: replied 1 year ago.
Thanks for the reply. I understand my legal position and also quiet familiar with constructive dismissal procedure as well. i was hoping to resolve the issue by raising my concern directly to him rather than the HR department and hoping that my 10 years contribution to the company would count. Do you think is a bad idea to approach?
Expert:  Ben Jones replied 1 year ago.
Sorry our replies crossed. It is difficult to say if it is a good r bad idea - as you can appreciate it really depends on the individual, it is not the legal side as such really, it is how he would react to it which I just cannot predict. But even if he does not take it well, it does not prevent you from leaving anyway and pursuing the steps above
Customer: replied 1 year ago.
Thanks i will try the honest approch with him first but seems like the conciliation process is the way to go. Many Thanks for your help.
Expert:  Ben Jones replied 1 year ago.
You are welcome, all the best - remember the process must be started within 3 months of the termination of employment
Customer: replied 1 year ago.
Just one final question . Starting the ACAS procedure require my resignation before?
Expert:  Ben Jones replied 1 year ago.
yes as your claim would be for constructive dismissal and that requires your resignation.
Customer: replied 1 year ago.
Thanks . Have a good day.
Expert:  Ben Jones replied 1 year ago.
You too thank you

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