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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47377
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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When it is all over can I claim dismissal.

Resolved Question:

When it is all over can I claim for constructive dismissal. Don't want to work for this trust again. Poor orientation. This documented. This incident in April not suspended till July. Other participant in event not under same scrutiny. Feel been poorly treated lost confidence in trust. But need to be working as a midwife at 55 to claim early retirement. They have messed up my last year at work big time. Not sure if I would be successful or if it would be worth the hassle.
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. How long have you worked there for?
Customer: replied 1 year ago.

Only since Feb in this post but I have been part of NHS since 1982 regarded as continuous service.

Expert:  Ben Jones replied 1 year ago.
If you were to consider resigning and claiming constructive dismissal then that must be done in response to the breach you are relying on and not unnecessarily delayed. So if you are using the suspension and the ongoing investigation as the reason for resignation then you must resign in response to that, not wait until it has all finished and an outcome has been made. Leaving the resignation for too long will likely show that you had accepted the breach by the employer and would not be resigning in response to it, meaning you won’t be able to claim for constructive dismissal. As such any resignation must be made very shortly after the alleged breach you are relying on. Leaving it too late will scupper your chances of successfully claiming against the employer.
I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Customer: replied 1 year ago.

Breach??? Too much lawyer speak. I do not understand your reply. A breech to me is a baby coming bottom first.

Expert:  Ben Jones replied 1 year ago.
a breach is not really legal speak - a breach is a violation, breaking the contract
Customer: replied 1 year ago.

They are entitled to suspend people they have under investigation. There are no contract issues here just care of a human being.

Expert:  Ben Jones replied 1 year ago.
yes which is why I am not sure there is a case for constructive dismissal. The employer has not really done much wrong by suspending you to investigate a potential complaint so to claim this was a serious breach if contract and claim constructive dismissal would be difficult
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