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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44951
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I was suspended from work as a Care Assistant on the 1st of

Customer Question

I was suspended from work as a Care Assistant on the 1st of August,2013 on some issues which I were accussed of and attended two hearings of which the last was in my favour and was reinstated back to work after two and a half months of suspension.

Now, because of the unfair treatment from work,I feel traumatised emotionally,having been through sleepless nights, fear,anxiety worries and confusion after which I have been called back still feel unsecured,unsettled and don't have trust and confidence in that work environment.Knowing fully well that all the accussers are still there, who might be looking for loop holes to set you up and defeat me.I feel humilated because I heard information from a reliable source that "I should have been sacked".

Kindly help because you don't career to be in jeopardy.I therefore want to resign and claim constructive dismissal.

Kindly advice me on the following;

Questions:When exactly can I tender my resignation as I will be 1year old with this organisation on 5th November,2013.

(2) Will this action not have a negative effect on me in the future?

Many thanks.
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones : Hello, my name is Ben and it is my pleasure to assist you with your question today. Xo you have a contractual notice period you need to give in order to resign?
JACUSTOMER-y81w8tdj- :

Thanks, Ben l don't understand what you meant by "Xo" , but I guessed you meant Do you have a contractual notice period.........?.

JACUSTOMER-y81w8tdj- :

Yes, l have a contractual agreement as 1 month lieu of notice.That is l need to give them one month of notice before I can resign . Thanks

JACUSTOMER-y81w8tdj- :

Even yesterday morning at work, someone called me a bad luck, l have been humiliated. Assist me before they put my name in POVA LIST. THANKS.

Ben Jones :

Hi, sorry a small typo on my part. Whilst you can resign at any time, unfortunately you will not be able to claim for constructive dismissal in this case because to do so you need to have at least 2 years' continuous service with the employer. As I understand you started in November 2012 so you do not have the required length of service to make such a claim. So you are free to resign whenever you want - technically you would be expected to give them the month's notice expected of you, but you can still leave with immediate effect if necessary by saying you feel you have been constructively dismissed - in other words you can use the constructive dismissal to leave and not serve your notice period but you cannot then go ahead and make a claim for it. There should be no future repercussions on you in the future as a result of this.

Ben Jones :

I hope this has answered your query. Please take a second to leave a positive rating, or if you are unhappy for some reason with the advice - please get back to me and I will assist further as best as I can. Thank you very much

JACUSTOMER-y81w8tdj- :

Thanks Ben, if l use the constructive dismissal or not, it is certain that l am going to resign, in the later future, would l be able to join another branch of this organisation elsewhere, l mean in another part of the country. Will l be employed in any of the branch of the organisation in future if I desire to join them? .Thanks and regards

Ben Jones :

Hi, whether you can join another branch depends entirely on the company. hey do not have to give you another job with them ever gain - they have the right to ban you so to speak. It is legal for an employer not to employ someone for whatever reason they want as long as it is not discriminatory (based on age, gender, race, a disability, etc). So if they do not want to give you a job at another branch because you had previously resigned then they can do so, there is no guarantee that will happen but it is a possibility

Ben Jones :

Please let me know if this has answered your query or if you need me to clarify anything else for you in relation to this?

JACUSTOMER-y81w8tdj- :

Thanks would they not deny me of reference from them .

Ben Jones :

under law an employer does not have to provide a reference - they cna do but it is up to them. However, if they do provide a reference it has to be true and accurate

Ben Jones :

Do you need any further advice with your query?

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