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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47355
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have resigned from my job because they want me to go into

Resolved Question:

I have resigned from my job because they want me to go into the new office 5 days a week, I cannot do this because of a physical problem, I have said that I could do 2 days, but this is not viable for them. During this informal discussion time, I have become aware of the following:-
My company has been bought by another company and they have lost my contract, I have a copy and I know that they did have a copy.
They say that because they have nothing to say that I am a manager that it means I am not.
They have restructured the office and are incorporating me within but not as a manager.
They have appointed a manager within their organisation, all of their employees were able to apply, but I did not have access to this.
I would like to know if I should, or if any of the above would mean that I have a case to argue, and what is the best way for me to go forward?
yours faithfully,
Claire ***@******.***
Submitted: 9 months ago.
Category: Employment Law
Expert:  Ben Jones replied 9 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 9 months ago.

How long have you worked there for?

Customer: replied 9 months ago.
10 years
Customer: replied 9 months ago.
Ben Jones,I have worked there for 10 years, and the company official took over my company in November 2015
Expert:  Ben Jones replied 9 months ago.

OK thank you, ***** ***** it with me. 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.

Customer: replied 9 months ago.
Dear Ben Jones,
thank you
Expert:  Ben Jones replied 9 months ago.

Many thanks for your patience. It is certainly not as simple as saying that if there is nothing that they have to say you are a manager that you are not. This does not just depend on a single document – it could come down to what you have been doing over this time, is there any other proof, even if it comes down to evidence by others to confirm you are a manager and so on. Therefore such a simplistic approach by the employer is unlikely to be considered fair or reasonable.

Now that you have resigned your only option is a constructive dismissal claim against the employer. This 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).

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.

If no negotiations are possible or forthcoming, then you will have to consider taking the first steps of the claims process.

This is your basic legal position. I have more detailed advice for you in terms of the steps you need to follow to take this further, 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 is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you

Ben Jones and other Employment Law Specialists are ready to help you
Expert:  Ben Jones replied 9 months ago.

Thank you. As mentioned you have 3 months from termination of employment to make a claim. 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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