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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48156
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I resigned two weeks ago from my post as a manager to take

Resolved Question:

I resigned two weeks ago from my post as a manager to take up a part time post looking after a block of leasehold flats for retired, independent people. On three occasions, the CEO of my present job has made comments to me, all using the same terminology, about why do I want to go and work with old people smelling of wee.
On Friday in a meeting with the 4 paid staff who I manage, the CEO (with the HR Manager) said to the team 'Perhaps she'll get fed up after two weeks working with people who smell of wee and want to come back.' The team showed me the notes of their meeting and all agree that the statement was made.
The CEO also said 'I could give you a bad reference' when I told her I was leaving to which I replied that she could but I would take action if that happened.
The atmosphere in which I'm working is very difficult and I want to leave immediately but verbally offered to stay on to complete a big event at the end of may and negotiated a later start date with my new employer to do this.
I think that this is unacceptable and constitutes harassment. What is your view, please?
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. How long have you worked there for?
Customer: replied 2 years ago.

Hi Ben. I worked there (rural arts centre) since 16 December 2013 so just under 18 months.

Expert:  Ben Jones replied 2 years ago.
What are you hoping to achieve in the situation?
Customer: replied 2 years ago.

I want to leave immediately and to be paid up to the end of my notice period 31 may 2015.

I also want to make it clear to the board of directors why I want to leave at once; if I can be subjected to this sort of treatment so can others.

Expert:  Ben Jones replied 2 years ago.
There are circumstances when an employee may be entitled to leave with immediate effect and without honouring their notice period. This occurs when an employer has committed a serious breach of contract first. The whole contract, including the notice periods, then becomes immediately void and the employee would be treated as being 'constructively dismissed'. So if there are reasons to believe the employer has acted in breach of contract, whether a breach of an express contractual term, or other breaches such as bullying, harassment, etc this reason can be relied on in order to leave with immediate effect. The issue is that you cannot then force the employer to pay you for the remaining notice period and if you wanted to pursue that you would need to make a claim in the employment tribunal. It is certainly possible for them to agree to pay you but if they refuse then it would be down to you to take the matter further by making a claim in the employment tribunal. You could try and persuade the employer into oaring by threatening to make a claim but unless you go ahead and win such a claim they cannot be force to pay you so there is always a risk in leaving early. So you need to make a decision about what is more important – leaving early and potentially not getting your notice paid, or staying until the end of the notice period and ensuring your time there but being paid as normal. 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
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