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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45365
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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hi I have been verbally abused at work for k the last two years

Customer Question

hi I have been verbally abused at work for k the last two years and also one incident of physical abuse , I made a formal complaint to my managing director approx. 6 weeks ago so went to see him to see what was happening about it . he denies that was a formal complaint and informed him that I had spoken to a.c.a.s and that he should of given me a formal response to my complaint .the discussion started to get heated resulting in him telling me to go home and the lawyers can deal with it. I took an independent witness into the meeting and have a copy of the minutes that I took at the meeting this was signed by my witness to confirm its contents . do I have a case for constructive dismissal?
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.

How long have you worked there?
Customer: replied 2 years ago.


just over two years

Expert:  Ben Jones replied 2 years ago.
Ok will respond fully this afternoon with your options, thanks
Customer: replied 2 years ago.


hi , I have today resigned my position in the company as I feel I am unable to work there any longer due to the constant verbal abuse and being unable to get anywhere with the company with respect to there complaints procedure. look forward to your response regarding this matter

Expert:  Ben Jones replied 2 years ago.
Hello again and thanks for your patience. In order for the employer to treat your complaint as a formal grievance, you need to have raised it in writing and detailed the issues you were complaining about. It is not necessary for you to have specifically stated that this was a grievance or that you wanted it to be dealt it formally – as long as you made the complaint in writing and listed any issues you are experiencing the employer should have held a formal grievance meeting in accordance with the ACAS Code of Conduct, which would have included meeting with you to discuss your complaints then dealing with these and issuing you with a formal response of their decision, which you could then appeal.

As far as constructive dismissal is concerned, that could indeed be a potential claim in this situation. Such a claim would arise when the following two elements are present:
• Serious breach of contract by the employer; and
• An acceptance of that breach by the employee, who in turn treats the contract of employment as at an end. The employee must act in response to the breach and must not delay any action too long.

A common breach by the employer occurs when it, or its employees, have broken the implied contractual term of trust and confidence. The conduct relied on could be a single act, or a series of less serious acts over a period of time, which together could be treated as serious enough (usually culminating in the 'last straw' scenario).

As you have now resigned there is not much you can do apart from considering to make the claim against the employer. Before you can make it you are required to engage in compulsory conciliation through ACAS where you and the employer try to resolve this, for example by you receiving some financial compensation, with the mediation being done through ACAS. If that does not get anywhere you may then be given permission to make the claim.

Details of the process can be found here:

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

I hope this has answered your query. Please take a second to leave a positive rating, or if you need me to clarify anything before you go - please get back to me and I will assist further as best as I can. Thank you
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45365
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Thank you for your help with this matter, Great advice very helpful information .

Expert:  Ben Jones replied 2 years ago.
You are most welcome, all the best

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