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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47365
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I am currently off work with stress due to the way I

Customer Question

Hi
I am currently off work with stress due to the way I have been treat since my return form maternity leave.
I returned to work on the 16th November, since this date I have had a flexible working request declined which was to simply change 2 lunch breaks from 1 hour to 30minutes it was not decreasing my hours at all and company policy does not have anything in around not being able to take 30min lunch breaks, the reason for decline was that other people are unpaid for a 1 hour lunch and work through therefore it would be unfair for me to get only 30min unpaid.
I was also placed on a performance plan only 3.5months following my return from work, during the 3.5 months I have had no 1-2-1 discussions with my manager, no concerns have previously been raised about my performance and my performance is not being measured on my objectives.
I went off on the sick on the 13th March, I have raised my concerns informally and the response I received did not acknowledge any of my main concerns.
I work in HR and have been speaking to a HR business partner. in a meeting last week we discussed how I was, I advised j felt like I was unable to return to work following what has happened and that I was not happy with the response I received. We discussed the next stage would be a grievance or if I wanted to leave she could ask the senior manager if there was an option of settlement due to my health.
THe option of settlement has now been declined and I am in process of raising a grievance. On the form
It asks what I want the outcome to be, my questions is can I state that I would like to leave due to health and breakdown in relationship with the 2 most senior people in HR due to way things have been handled since my return to work after 10years service with the company?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
How long have you worked there please?
Customer: replied 1 year ago.
10 years. Last year before going off on maternity leave I received a exceeds expectations in my annual review
Customer: replied 1 year ago.
I also meant to mention that prior to me being placed on a PIP I was advised that the business partners were going to support me with a review of my teams workload, look at where they could support more and review resource requirements. The approach to the review was very underhand they spoke to each of my team individually they then held focus groups with managers and not once did they speak to me. This review is the reason I am on a PIP.
Expert:  Ben Jones replied 1 year ago.
Hello, sorry I was in court by the time you had replied. You may indeed state that this is the preferred outcome you are seeking from the grievance, although as you may know the employer is not obliged to accept such a request. When a settlement is proposed by either party, it can only be entered into if both parties agree to it. So yes, you may certainly propose this as the potential for the grievance outcome, but it still depends on the employer as to whether that is implemented in the end. If the grievance is rejected and you do not get the outcome you were hoping for then you have the right to appeal. If the appeal is also unsuccessful, you will have to consider your options. Your next steps, in the event that you no longer wish to work there because of this, would be a claim for constructive dismissal. However, you will get another chance to negotiate with the employer before that and involve a third party to do this for you and the outcome could still be a settlement even without having to submit a formal claim at tribunal. This is your basic legal position. I have more detailed advice for you in terms of the law on constructive dismissal and also 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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Customer: replied 1 year ago.
That's great thank you. I am in the process of completing the grievance form now.I guess my main concern is that I don't want to jeopardise anything if the result of the grievence is not a settlement and that I do have to go to tribunal.My health is my main priority as I have a little girl to look after and I really can't see how we can rebuild trust as its already happened and it's not just one thing.I have a file that has all the evidence and documentation I have received and submitted which I can provide as a grievance.
Expert:  Ben Jones replied 1 year ago.
No, asking for a settlement now and not getting it will not affect your rights going forward, if you were to go to tribunal. In terms of taking this further, as mentioned this could potentially amount to constructive dismissal, which occurs when the following two elements are present:{C}· Serious breach of contract by the employer; and{C}· 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. 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. 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 In terms of the time limits within which a claim must be presented, the early conciliation process places a ‘stop’ on that and the time between notifying ACAS and them issuing permission to proceed with the claim would not count for the purposes of these time limits.

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