How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48200
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Law Question Here...
Ben Jones is online now

Because of an health and safty issue at work I was forced to

Resolved Question:

Because of an health and safty issue at work I was forced to resign
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. can you please give me some more information on the situation please

Customer: Hi Ben
Ben Jones :

Hi yes I am not sure what you require

Customer: hi Ben was ask to go onto building site to retrieve metal shed the building site is part of the rebuilding work going on at the school and at the time the request was made demolition of the old school was in progress how do I stand because I have had no choice but to resign
Ben Jones :

Ok thank you leave it with me I need to look up a few things and then get my advice ready.I will post back on here when done there is no need to wait and you will receive an email when I have responded.

Ben Jones :

Many thanks for your patience. If an employee is forced to resign because of their employer’s unreasonable behaviour or some breach of contract, then the main option open to them is a claim for constructive dismissal. Such claims are basically where an employer has left the employee with no other option but to resign and the employer has acted on this and left their employment as a result.


 


The usual requirement to make such a claim is that the employer has at least 2 years’ service with the employer. However, there are circumstances where this 2 year service requirement can be bypassed and the dismissal is automatically unfair and one of these situations is where the reason fr leaving as due to a health and safety breach by the employer. So for example, if the employer had acted in breach of H&S regulations or maybe had asked the employee to act in breach of such regulations, the employee could lose all trust in the employer and be left with no other option but to resign. Once the resignation has taken place, then the only option open to the employee is to consider making the claim for constructive dismissal in the employment tribunal. This can be done by completing and submitting the following form:


 


https://www.employmenttribunals.service.gov.uk/employment-tribunals


 


There are instructions on the right hand side of the page.

Ben Jones :

The claim must be made within 3 months of the termination of employment

Ben Jones and 2 other Law Specialists are ready to help you