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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46190
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have been involved with an incident that happened in Oct

Resolved Question:

Hello, I have been involved with an incident that happened in Oct 2015, the investigation hearing took place in Dec 2015. As a result of the investigation, I was called to a disciplinary hearing in April 2016 and was given a 'First Written Warning'. I appealed against this warning stating disciplinary policy timelines and procedures were not adhered to; line manager has given me 'the silent treatment during this whole time, which is tantamount to bullying. However, the 'first written warning' was upheld at the appeals hearing in June 2016. I am not satisfied with this. Is there anything I can do ? I would have taken this case to tribunal- however I think the timeline for taking a case to tribunal is 3 months from the incident. I feel that my rights have been violated as this process took so long. Is there any remedy ?
Submitted: 8 months ago.
Category: Employment Law
Expert:  Ben Jones replied 8 months ago.

Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.

Expert:  Ben Jones replied 8 months ago.

How long have you been working there?

Customer: replied 8 months ago.
2 years
Expert:  Ben Jones replied 8 months ago.

OK thank you, ***** ***** it with me. I am unable to talk at the moment as I am in court today so will prepare my advice during the day and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.

Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46190
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and 3 other Employment Law Specialists are ready to help you
Customer: replied 8 months ago.
No problems, if a call is not possible. Happy to communicate online
Expert:  Ben Jones replied 8 months ago.

Many thanks for your patience. I tried calling but you were busy so will try later. In the meantime I will give you brief outline of your rights. In the circumstances the only way to take the matter further (apart from an internal grievance) is to resign and claim constructive dismissal in the tribunal. You cannot just make a standalone claim for this there, so to be able to claim you would have to leave your job first.

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. I note you said you have been there for 2 years so you must be confident that you have more than 2 years at the time of resignation to be able to take it further. Also the time limit is 3 months from date of termination of employment, not 3 months from date of incident.

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