Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.
What are you hoping to achieve in the circumstances?
Thank you. First of all you cannot just make a claim for compensation here, regardless of how stressful this experience has been. To be able to claim you must either resign and claim constructive dismissal, or be dismissed and claim unfair dismissal. So one way or another your employment just terminate first before you can claim. That then brings the big decision to you - are you feeling you have had enough and are willing to take the risk and resign, or are you willing to fight for your job and see what happens, and then perhaps claim if they end up dismissing you? If you had to choose between the two, the ‘safer’ option is to stay because a constructive dismissal claim can be quite difficult, whereas an unfair dismissal one is generally considered easier to claim. So if you could, it is better to be dismissed than to have to resign.
At this stage your only ‘weapon’ against the employer is to raise a formal grievance about what has happened. It is a formal complaint which should be investigated by them and dealt with fairly. If this does not help then as mentioned your only two options for claiming are to either resign or to be dismissed and then take it further.
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What is your notice period under contract?
Well they are basically offering you what you would have been legally allowed to get on termination anyway (unless you were being dismissed for gross misconduct without notice period, but this is not the case here). So they are offering the bare minimum and if you were considering signing away your rights to sue them in return for a payment then I would certainly advise that you negotiate for more. If you were to claim against them and win unfair dismissal, then you will get more as it is most likely.