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, my name is ***** ***** it is my pleasure to assist you with your question today. How long have you worked there for?
10 years in total with a 1 year gap about 5 years ago
What are you hoping to achieve in this situation?
well i don't think i can continue working there they had done and i'm not giving my business up after spending all of my savings so itlooks like they will sack me on gross misconduct
Have you actually been taking business away from your employer?
Whilst I understand that you may feel you cannot continue working there, if you wanted to take the matter further, such as by making a claim dismissal, you would be better off letting your employer deal with this and potentially ‘allowing’ them to dismiss you. That is because you would then be looking at making a claim dismissal, instead of dismissal and generally that is more straightforward to pursue. The difference is that in an unfair dismissal claim it is employer to show that they had a genuine and fair reason , whereas in the constructive dismissal claim it is to convince a tribunal that you were pushed out of your job and that the employer had acted unreasonably. So it cuts out your work considerably.
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 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 it and it would not be used against you.
Of course you would be owed any money that you have earned to date, such as pay and holidays so these will have to be paid t you separately and you can also pursue a claim if necessary.
ok thanks advise
you are most welcome