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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48736
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I was recruited into a new role at a leading independent

Resolved Question:

I was recruited into a new role at a leading independent school recently . The JD did not match the reality and I was also micro managed to the point of harassment . I had a straw that broke the camels back recently and resigned I was told I could not qualify for constructive dismissal as I had not been in post long enough . I want to challenge the organisation and wonder how best to do so ?
Submitted: 23 days ago.
Category: Employment Law
Expert:  Ben Jones replied 23 days ago.

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

Expert:  Ben Jones replied 23 days ago.

How do you specifically wish to challenge them?

Customer: replied 23 days ago.
I want to make a case for being recruited under False pretences into role that was not then upheld and because I felt unable to remain working with the manager in question felt I had no choice but to resign . I am 54 and left a job and a successful career to join this organisation and now find myself out of work - I want to achieve two things , compensation for loss of earnings and to make sure they are held accountable for the shambles of their processes and the harassing tactics of the line manager
Expert:  Ben Jones replied 23 days ago.

Whilst you cannot claim constructive dismissal, which would have been the main type of claim here, you can consider something like a breach of contract claim, for which you do not require any minimum length of service. You have to show that the breach was serous enough to make the original offer clearly different to what you eventually received. Also you have to show that any losses are reasonable and fair and that mean showing that you are making genuine attempts to find new employment since leaving, rather than just doing nothing and hoping for compensation.

So really that would be the only realistic claim you can make at this stage and something you would need to pursue in the County Court.

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Expert:  Ben Jones replied 23 days ago.

Thank you. If a party wishes to pursue another for financial compensation arising out of a dispute between them, they can do so by making a claim in the civil courts. As legal action should ideally be used as a last resort, there are certain steps that should be taken initially to try and resolve this matter informally and without having to involve lawyers or the courts. These can be summarised below and it is recommended the following procedure is followed to try and progress this matter further:

1. Reminder letter – if no informal reminders have been sent yet, one should be sent first to allow the other party to voluntarily settle this matter.

2. Letter before action – if informal reminders have been sent but have been ignored, the other party must be sent a formal ‘letter before action’ asking them to resolve this amicably within a specified period of time, usually 7 to 14 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to pursue them for the compensation in question. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action.

3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed a copy will be sent to the other side and they will have a limited time to defend it. Once they are aware that legal proceedings have commenced it may also force them to reconsider their position and perhaps prompt them to contact you to try and resolve this.

As a final tip, it is always advisable to keep copies of any correspondence sent and received as the courts would like to refer to it if it ever gets that far.