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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48474
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I been in my job for 2.5 years and unable to fulfil my

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I been in my job for 2.5 years and unable to fulfil my responsibilities for a number of reasons and this has caused the stress to finally develop into anxiety and depression. This is triggered by work stress, as stated by my GP who has referred me to a psychologist and offered my tablets for depression.
Since taking up my post I have had very limited support to fulfill my role, for example I monitor and control a policy which is signed by the COO, and the policy states the roles of all managers and employees, yet it is completely ignored by all including the B.O.D! a culture that has been allowed to continue by senior managers for many years. My role involves offering compliance advice, yet my advice is not listened to and feel that my manager is not listened to either, so offers no real support to me. I am left out of decisions and have noticed that things are deliberatly kept from me so that they don’t have to do things properly. Emails are often ignored or replied to verbally... perhaps so it ain't in writing.
We have no HR department and my job description states that I am to work closely with HR? and that I’m to optimise the my budget… However no budget has ever been allocated. I have requested twice for a budget to carry out my responsibilities but I’m ignored.
I have no appraisals and no direction offered by my manager.
I have now gone on sick due to stress, which I fear will leave me dissfavoured as the company sees stress as an excuse.
I feel like I want to leave but I need the money, I am also contemplating asking to be made redundant as something will happen soon and i feel I will be used as a scape goat. They have a history of sacking people who are perceived as trouble makers so this is also a concern.
Any advice on what I can legally do would be great help
Submitted: 3 months ago.
Category: Employment Law
Expert:  michael holly replied 3 months ago.

You are in a difficult position and the bot***** *****ne is that you are unlikely to be able to effect any culture change here. As you say if employees object they are viewed as troublemakers and quickly disposed of and you need the job.

The difficulty is that not being able to do your job properly is causing you stress.

I think you either need to leave and get another job or deal with the stress.

If you accept that your employers will never let you do your job properly because they do not want you to life will become much easier.

You do not want them to turn round when something goes wrong and say this was your responsibility so you need to protect yourself.

Send and keep memos and e mails about what should be done safe in the knowledge that they will be completely ignored but you have on record that you asked for whatever it is.

This way you stop farting against thunder and accept that it is not in your power to change the culture at your employers.

I hope this assists. If there are any further points please respond I will be happy to reply.

Kindly either accept or rate my answer on the system so I get credit for my time.

Best wishes

Michael

Customer: replied 3 months ago.
Hi and thanks for the reply.Surely if you recruit somebody to fulfill a role yet will not provide them with the resources i.e. Budget, which is clearly stated in the job description that you are to manage, are they not in breach of the contract? Similarly, if your role is stated to work with a department that does not actually exist... is this not also a breach?Would resigning due to these factors be grounds for constructive dismissal? What protection would the law offer me if they where to "dispose of me".Are they not required to make reasonable adjustments... giving that they are aware of the work causing stress due to the facts given?
Expert:  michael holly replied 3 months ago.

Yes there was a mis description in the role as you effectively cannot perform it.

However constructive dismissal is very hard to prove. You need to show that the employer has breached a fundamental term of your contract.

The counter argument to their failure to allow you to perform the role as described would be either denial or that they simply do not need you to , they are paying you and what's the problem?

If they are threatening to dispose of you because you are failing to do things that they are preventing you from doing then should they actually dispose of you then you can claim unfair dismissal.

They should make reasonable adjustments to reduce the stress you are suffering, they owe a duty of care to you.

Michael

Customer: replied 3 months ago.
Ok thanksLastly... what would be classed as a breach of fundamental term of the contract?
Expert:  Ben Jones replied 3 months ago.

Hi there, I see you have asked for a new expert. Whilst the alleged breach could be a breach of a specific contractual term, it is also common for a breach to occur when the implied term of trust and confidence has been broken. The conduct relied on could be a serious 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).

Before constructive dismissal is contemplated, it is recommended that a formal grievance is raised in order to officially bring the concerns to the employer's attention and give them an opportunity to try and resolve them.

If resignation appears to be the only option going forward, it must be done in response to the alleged breaches (i.e. without unreasonable delay after they have occurred). Whilst not legally required, a resignation would normally be with immediate effect and without serving any notice period. It is also 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 with the employer. There is a time limit of 3 months from the date of termination of employment to submit a claim in the employment tribunal.

It is worth mentioning that there is a possible alternative solution, where the employer is approached on a 'without prejudice' basis (i.e. off the record) to try and discuss the possibility of leaving under a settlement agreement. Under such an agreement, the employee gets compensated for leaving the company with no fuss and in return promises not to make any claims against the employer in the future. It is essentially a clean break, where both parties move on without the need for going to tribunal. However, it is an entirely voluntary process and the employer does not have to participate in such negotiations or agree to anything. It just means that these discussions cannot be brought up in any subsequent tribunal claim and prejudice either party. So there is nothing to lose by raising this possibility with them as the worst outcome is they say no, whereas if successful it can mean being allowed to leave in accordance with any pre-agreed terms, such as with compensation and an agreed reference.

I trust this has answered your query. Please take a second to leave a positive rating by selecting 3, 4 or 5 stars above - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please reply on here and I will assist as best as I can. Thank you

Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48474
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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