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Jenny
Jenny, Solicitor
Category: Law
Satisfied Customers: 6339
Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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New NHS manager (2 weeks in post) out of blue last Thursday

Resolved Question:

New NHS manager (2 weeks in post) out of blue last Thursday gives med sec choice to go full time immediately or resign immediate effect, this occurs part way in to 3 day "phased return to work" plan after stress related sick leave caused by restructuring and bullying for 3 years. Manager attempts to get form signed, person told to leave and use up holiday pay. Is this constructive dismissal?
This ends of 40 years of loyal NHS service. Med sec makes serious attempt to take life that night with overdose, found by son in street unconscious at 4 am in morning thank god, rushed to hosp ITCU.
Submitted: 2 years ago.
Category: Law
Expert:  Jenny replied 2 years ago.
taratill :

Hello my name is ***** ***** I am happy to help you today. Are you the employer or the employee in this scenario?

Customer:

Hi I am the husband of the med sec, sorry had to pick someone up from the station.

taratill :

No problem, when she was told to leave, does that mean she was told to leave for good?

Customer:

yes I have the form they gave her, reason for leaving, manager ticked work life balance.

Customer:

Our son has just been diagnosed wit life changing genetic problem and will never work so her circumstances have changed in past few months re being carer as we are separated but still good friends.

Customer:

Its called a staff termination form.

taratill :

Hi this defintely amounts to constructive dismissal. Your wife should engage Acas pre-claim concilliation and then raise a claim. http://www.acas.org.uk/earlyconciliation

taratill :

is the details of the early concilliation service. You should ensure she does so promptly as she has 3 months to raise a claim.

Customer:

Thanks, ***** ***** has been trying to contact me, I am letting her stew while we line our ducks up.

taratill :

I should imagine they are trying to retract their position. She does not have to accept this under the circumstances you describe.

taratill :

All the best to you for the future and please do remember to rate my answer.

Customer:

Thanks again will avoid any discussions with Trust.

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