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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46764
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I am signed of sick related stress and have been

Customer Question

I am signed of sick for work related stress and have been for 5 weeks and off till the end of may. i am off due to my postion feels untenable and I am not being asked by work to have a phone conversation about my illness
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello how long have you worked there for and what are you hoping to achieve?
Customer: replied 1 year ago.
I have worked there for 17 years and i feel my position has been made untenable
Customer: replied 1 year ago.
The last few months at work had been increasingly stressful . Mainly having to manage the situations with my direct reports Sofia and Emily and their on going complaints about performance reviews . Emily apologised and agreed she had seen inappropriate behaviour in Sofia too.Sofia accused me of managing her out of the business because she is pregnant was very upsetting and felt like a personal attack on my reputation. I felt completely unsupported by the business in the handling of these complex people matters, therefore for the good of myself and my health I had to remove myself from this distressing situation.after Emily's calibration where it was agreed she wasn't a HiPo and not ready for the next level that subsequently she was awarded a promotion to Senior buyers clerks in another directorate. This action by the business has made me feel like my role as her line manager has been completely undermined and in many ways l feel like my role as a people manager has become untenable following this action.It really concerns me how willing the business is to contradict the agreed processes (in terms of awards and calibration). This was a decision madecollectivelyDuring the reversal of this decision is feels like absolutely no consideration was taken into account of how this would impact me, my reputation and ultimately my well being.
Expert:  Ben Jones replied 1 year ago.
Thank you. In the circumstances 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). 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. This is your basic legal position. I have more detailed advice for you in terms of the options you have following resignation, 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: 46764
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 1 year ago.
I haven't resigned yet as work have not asked me why I am off work for stress . I have just been asked to have a phone conversation with my line manager this week . When I have been off since 17th March.Should I explain my issues and say my position is untenable and claim
Constructive dismissal . I would be interested to knew what the options areThank youEleanor
Expert:  Ben Jones replied 1 year ago.
Do not just jump for constructive dismissal but at the same time do not delay it if that is the route you are forced into. Constructive dismissal 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. Just to make a final, yet important point, that constructive dismissal can be a difficult claim to win as the burden of proof is entirely on the employee to show the required elements of a claim were present. Therefore, it should only be used as a last resort.
Customer: replied 1 year ago.
I have just found via the office grapevine that they have hired someone else for 6 months to cover my role . If this a reasonable measure for them to takeEleanor
Expert:  Ben Jones replied 1 year ago.
It depends on whether there were reasonable expectations that you would not be able to return for that long. If they have not taken the time to find this out and just assumed this then you are looking more like constructive dismissal. However, if medical advice said that the likelihood is that you would be absent for that long, then they will not generally be penalised for trying to ensure their business is not affected ans finding a temporary replacement
Customer: replied 1 year ago.
My current sick note dated 25 April was for one month and the person starts 23rd of May .
Expert:  Ben Jones replied 1 year ago.
ok so that would be further grounds for complaint here and more you can add to your potential constructive dismissal reasons
Customer: replied 1 year ago.
So should contact HR myself first or hire a solicitor to contact them for me ?
Expert:  Ben Jones replied 1 year ago.
No need for a solicitor at this stage, just do it directly yourself

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