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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46213
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Need some advice on constructive dismissal. Returned

Resolved Question:

Need some advice on constructive dismissal. Returned for 5 weeks to my job after maternity leave. Found the hours too difficult with childcare so asked to step down to a lower responsibility and lower paid role. My request was refused-I know this would have been possible due to other staff working hours to suit childcare arrangements. Was told to take a bank contract, which I did, and was told that the hours would be available and that I'd be able to work more flexible shift. Since then, I have been offered NO shifts and my manager is basically laughing. I have been forced to quit a job I have worked at for 7 years, promised hours on a bank contract and not given them. I have nothing in writing-no flexible working requests, no 'promise' of shifts working on a bank contract. Where do I stNd?
Submitted: 11 months ago.
Category: Employment Law
Expert:  Ben Jones replied 11 months ago.
How long have you worked there please?
Customer: replied 11 months ago.
7 years
Customer: replied 11 months ago.
?
Expert:  Ben Jones replied 11 months ago.
Apologies for not getting back to you sooner, I experienced some temporary connection issues and could not get back on the site until now. All appears to be resolved now so I can continue dealing with your query. 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). For example if your employer did not rely on the set grounds for refusal of your request for flexible working or you were deliberately treated unfavourably. 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. You may also consider making a claim for sex discrimination at the same time, if you believe that you were treated detrimentally because of the fact you had been on maternity leave. This is your basic legal position. I have more detailed advice for you in terms of a specific procedure you must now follow before you are allowed to make a claim and how it can help you to get a satisfactory outcome, 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
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46213
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Employment Law Specialists are ready to help you
Customer: replied 11 months ago.
I've had a grievance meeting, and have had no feedback so far. I resigned almost 2 months ago, so will need to get the ball rolling. What is my next step please? I will rate you now thanks
Expert:  Ben Jones replied 11 months 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 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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