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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44883
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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In December 2013 I raised the fact that I had been the object

Customer Question

In December 2013 I raised the fact that I had been the object of verbal bullying, verbal abuse, misue of power through means intended to undermine, humiliate and denigrate me. The result of which was that I had 2.5 months off work. This was raised with my Chief Executive and Managing Director. The undermining and misuse of power had been ongoing for approximately 4 years but culminated in the act in December 2013 in front of 60 plus of my team. Todate, despite requests this has still not been resolved and has been further exacerbated by the fact that my Managing Director has not returned 2 appraisals, will not meet with me to discuss job role re-evaluation and has asked me to welcome and individual into the senior management team which I and my management team perceive as 'grooming' to take over my role. I would welcome some advice.
Submitted: 12 months ago.
Category: Law
Expert:  Ben Jones replied 12 months ago.
Hello, my name is***** am a qualified solicitor and it is my pleasure to assist you with your question today.can you tell me have you documented all of your contact with management over this situation and do you feel you are being pushed out off your currant role with the company to the point that you fell like handing in your notice please.
Customer: replied 12 months ago.
I have all documented. The company has recently been restructured within a larger group and my role as International Trade Director reports directly to the Managing Director who micro manages everything. I have been in the role for 20 years and have won major contracts for the company on a regular basis and have a team which year on year has performed and in most years over performed. It is the view of my management team and myself that I am being pushed out to the point that I would walk-away and hand in my notice.
Expert:  Ben Jones replied 12 months ago.
Thank you for your response. I will review the relevant information and will get back to you as soon as possible. Please do not respond to this message as it will just push your question to the back of the queue and you may experience delays.
Expert:  Ben Jones replied 12 months ago.
Apologies for not getting back to you sooner, I experienced some temporary connection issues and could not get back on the site until now. All appears to be resolved now so I can continue dealing with your query.
This could 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 2 years' continuous service. There is a time limit of 3 months from the date of resignation to submit a claim in the employment tribunal.
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.
I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. 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
Expert:  Ben Jones replied 11 months ago.
Hello, I see you have read my response to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? If your query has been dealt with please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. If you need further help please get back to me on here and I will assist as best as I can. Thank you.

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