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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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I was working abroad on assignment and had to move back to

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I was working abroad on assignment and had to move back to the UK as my employer did not provide enough support when it was needed and left me to take all the rubbish from the customer, even though i was not a manager. In the end i ended up being diagnosed with depression, stress and given antibiotics. My contract stated that when i return to the uk they would return me to the place i moved from and also help me find a new role. They have not helped me at all and instead want me to take voluntry redunancy (otherwise i will highly likely be made redundant anyway).My question is if i take redudancy due to health then can i after i have left take any action against the company for lack of support and loss of earnings as i have had to leave.
There are various examples where i have asked for guidance in the past and i get no reply and left to deal with the issues myself which i did not have authority to do. Would a greivence after i leave be a better option or legal ?
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones : Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. How long have you worked there for?
Customer:

I worked for Fujitsu since 1996 and moved to cyprus on assignment in 2008 during 2009 i TUPE to HP who i work for now. The new company provided less support as i was left as team leader with no manager in the country and only support by email (took 5 days to get replies often if at all). So in total under TUPE 18 years in January.

Customer:

Since i moved back a month ago to the UK they have been in touch with me twice via email and given me 2 weeks temp. work but have not given me any reasonable jobs to apply for. So far they have sent me 150 miles a day to go to work and the only other job is 60miles away and they will not pay for fuel. My contract says that when i returned to the UK i would get a job role similar to that i left, however they dont have any or not offered any and my job role before was local with a company car, they want to offer me the only job of no car or fuel money and like i said 60miles away. I am still under treatment for depression and counselling and i have not been asked by the company if i need any help or support either regarding the work related stress.

Ben Jones :

Hi sorry I was offline by the time you had replied. What action you are able to take against the company will depend on how your employment had terminated.


 


If you take voluntary redundancy then the reason for your termination will be dismissal and you would only be able to claim for unfair dismissal. This means you would be challenging the reasons for the dismissal or the procedure followed. For example you would have to argue that there was no real redundancy situation or that no redundancy procedure was followed.


 


If you resign instead, then your claim would be for constructive dismissal where you would claim that you were forced to resign as a result of a breach of contract by your employer. This is a more difficult claim to pursue as you have to prove all the wrongs you allege were committed by the employer.


 


The compensation you are entitled to under both claims would depend on how successful you are in obtaining a new job after your termination because you will only get compensation for loss of earnings. So if you find a comparable job very soon after leaving, it would be pointless making either claim because your compensation would be minimal. It would only be worth pursuing these if you are going to struggle to find anything for some time.


 


If you were to raise a grievance after you leave the employer would not be obliged to deal with it because you will no longer be their employee. So if you were going to pursue a grievance then you need to do it whilst you are still employed by them. Also a grievance does not guarantee anything as the final outcome still rests with the employer so if that is unsuccessful then you need to consider your legal options, which are the ones I mentioned above.

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?

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45306
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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