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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46182
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Dear Sir/Madam, In January 2013 in the department of my

Resolved Question:

Dear Sir/Madam,
In January 2013 in the department of my daughter were 4 employees. In February 2013 the employer changed a manager, whose crisis style of management is unacceptable.
3 employees left and from a long time she is alone. Performs duties of all 4 employees, which as we know is not possible.
Any talks with the manager or manager's supervisor are stressful because they say nothing can do the work must be done.
Eg. guote from e-mail "Unfortunately Senior Management is focused on results and not on resourses issues" and "resourses affect your performance/results..."
She has overtimes every day which are no paid (in the meantime the employer chaned her grade and overtimes can not be paid).
What can she do outside the dismissal?
I admit that she already today needs a doctor and very long vacation.
Thank you Kind Regards
PS
I write in the name of me and my daughter . She is responsibility for whole world I am really afraid about her I don't know how can I help her. I am sorry for my English I dont use English over twenty years.
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. can you tell me how long she has been employed here and dose she have a contract of employment please.

Customer:

She is employee 7 year

Customer:

She works for the very big Bank as Listing Executive

Customer:

It is very stressful for me, I have 65 years old and for the first time as a serious and by the Internet

Customer:

No she hasn't a contract

Ben Jones :

OK thank you, ***** ***** it with me. I am in a tribunal today so will prepare my advice during the day and get back to you this evening. There is no need to wait and you will receive an email when I have responded. Thank you

Customer:

Thank you Ben so much! I will wait. Best Regards

Customer:

Hi Ben once again,

Customer:

I am sorry I can give you any rating because I didn't receive answer from you . I received 6 messages on my e-mail. Maybe it is a normal in "answer.uk law website system ?!!

Ben Jones :

Thanks for your patience and sorry about the emails – the system sends them automatically. This situation ould potentially amount to constructive dismissal, which occurs 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).

The affected employee would initially be expected to raise a formal grievance in order to officially bring their concerns to the employer's attention and give them an opportunity to try and resolve them. If the issues are so bad that the employee can't even face raising a grievance and going through the process, or if a grievance has been raised but has been unsuccessful, then they can consider resigning straight away.

If resignation appears to be the only option, it must be done without unreasonable delay so as not to give an impression that the employer's breach had been accepted. Any resignation would normally be with immediate effect and without providing any notice period. It is advisable to resign in writing, stating the reasons for the resignation and that this is being treated as constructive dismissal.

Following the resignation, the option of pursuing a claim for constructive dismissal exists. This is only available to employees who have at least a years' continuous service, which she has.

An alternative way out is to approach the employer on a 'without prejudice' basis (i.e. off the record) to try and discuss the possibility of leaving under a settlement agreement. Under a settlement agreement, the employee gets compensated for leaving the company and in return promises not to make any claims against the employer in the future. It is essentially a clean break, although the employer does not have to agree to it so it will be subject to negotiation. In any event, there is nothing to lose by raising this possibility with them because you cannot be treated detrimentally for suggesting it and it would not be used against you.

Just to make a final, yet important point, that constructive dismissal can be a difficult claim to win as the burden of proof is entirely on the employee to show the required elements of a claim were present. Therefore, it should only be used as a last resort.

Hope this clarifies your position? If you could please let me know that would be great, thank you

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46182
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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