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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46182
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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There, just would like to ask. I'm with company 8years without

Customer Question

Hi there, just would like to ask. I'm with company 8years without any troubles or warnings.I also moved from London to Winchester to work in restaurant here.i accept even that I need to travel to Whiteley as they said there is no more position for me in winchester.Now they are saying don't know what to do with me as there is no position for me either.they giving me mental pressure specially area manager to push me to leave by myself. He is moving me around laughing to my face that I will be sucked asking to my girlfriend to go to hotel with him.And I really don't know what to do. Can you give me any advice please?thank you so much. Martin D
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
What would you like to know about this please?
Customer: replied 1 year ago.
What I should do as I don't want leave the job but they are giving me pressure to leave.and I can not be without job as I'm having bills to pay.Can I be fired after 8years with no compensation?
Customer: replied 1 year ago.
I moved also to the company's flat and had to change a lot of things and spend money for moving and permit and now they want pushed me to give notice
Customer: replied 1 year ago.
I'm scared now that they just will get rid of me and I will stay without income
Customer: replied 1 year ago.
Can he do all this to give me mental pressure?
Expert:  Jo C. replied 1 year ago.
Let me ask a colleague as he may be able to help better
Expert:  Ben Jones replied 1 year ago.
Hello I will try and help. What reasons do you think they will use to dismiss you?
Customer: replied 1 year ago.
I tried to talk to him but he didn't give me reason.they are just saying is no position for me.but I think it's personal as I always been honest and even I respect him and showing respect and doing all what he asked for I told him he is not doing his job and treating people like not human being.and I know he did pushed a few people this way to quit.so maybe is feeling that I'm not gonna let it just like this
Customer: replied 1 year ago.
All my colleques across the restaurants know how I'm working so really can not find out what's the reason.
Customer: replied 1 year ago.
Also they've changed operation director for some reason.and new one said he needs to change a lot and he doesn't care if the people go.can they do this way and ask me to travel to London or moved again back as I already left the house there and is not easy to keep moving.
Expert:  Ben Jones replied 1 year ago.
If an employee has been continuously employed with their employer for at least 2 years they will be protected against unfair dismissal. This means that to fairly dismiss them their employer has to show that there was a potentially fair reason for dismissal and that a fair dismissal procedure was followed. According to the Employment Rights Act 1996 there are five separate reasons that an employer could use to show that a dismissal was fair: conduct, capability, redundancy, illegality or some other substantial reason (SOSR). The employer will not only need to show that the dismissal was for one of those reasons, but also justify that it was appropriate and reasonable to use in the circumstances. In addition, they need to ensure that a fair dismissal procedure was followed and this would depend on which of the above reasons they used to dismiss. If there is no position for you then this could amount to redundancy but they will need to justify that there was a genuine redundancy situation and that there was nothing else they could offer you. Alternatively if they do not dismiss you but push you to leave it could amount to constructive dismissal which you can also claim for if necessary. This is your basic legal position. I have more detailed advice for you in terms of the law on constructive dismissal and how you can challenge that, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, leaving a rating will not close the question and we can continue this discussion. Thank you
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46182
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Law Specialists are ready to help you
Customer: replied 1 year ago.
So what I should do now?As he came today and in middle of service told me (laughing to my face) and made me cry so I had just walk away as I couldn't continue to work with that mental condition.im still shaking and I'm scared what's gonna happen as I can not be without job (income)
Expert:  Ben Jones replied 1 year ago.
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.
Customer: replied 1 year ago.
If im on the rota on tomorrow and next week.do i need to go there or shall i just contact someone from the company or someone else to start the process?
Expert:  Ben Jones replied 1 year ago.
You do not have to go in you can do it by sending them a letter or email
Customer: replied 1 year ago.
Is there any chance Ben you could give an example how to write the emaill or letter and to who is the best to send it.Director /Owner or operating director ?Thank you Ben you are very helpful .i just want to find solution and if i will need to leave i would like to just have covered income till i will find new house and new job.
Expert:  Ben Jones replied 1 year ago.
Any drafting will be an additional service I'm afraid, instead of me starting to write something from scratch when I have very limited details, it would be best if you do that yourself and give it to me to check and make any corrections, and it will be cheaper for you
Customer: replied 1 year ago.
Ok. Thank you.Can you just tell me to who is the best to send it?Also can i contact you tomorrow or during the week with more details? Thank you Ben
Expert:  Ben Jones replied 1 year ago.
It would be sent to the manager unless you are complaining about them in which case the person above. You can contact me at any time, just start your question with my name, thanks
Customer: replied 1 year ago.
Hi Ben, hope you are ok. i just received email from the company.can i send you copy of it as for me is not saying clearly that im not allowed to do my shift tomorrow. And when i tried to contact people to confirm that im not allowed,nobody response. what i should do?thank you
Expert:  Ben Jones replied 1 year ago.
Hi yes you can attach it on here for me to take a look
Customer: replied 1 year ago.
find attached please
Expert:  Ben Jones replied 1 year ago.
Were you told at any point you are under suspension?
Customer: replied 1 year ago.
i just received this mail
Expert:  Ben Jones replied 1 year ago.
ok it does not say anything about being suspended and if you have not been told of suspension before this you will just continue working as normal in the meantime
Customer: replied 1 year ago.
they just crossed me from the rota without informing me and when i had to call them than i've been told i will receive mail. i trying to contact them all possible ways but no answer from any of them
Customer: replied 1 year ago.
do you think is that right? when im
working for company 8/9years (4/5) as a manager.
Expert:  Ben Jones replied 1 year ago.
this would depend on what the rules are in removing you from the rota in general - can they do this normally or is there a minimum notice period. So they can potentially remove you from the shift if they have the right to do this under contract or policy, if not then you can challenge them as it appears to be a punishment for no reason when you are not on suspension
Customer: replied 1 year ago.
as i told you before i walked from the shift after the mental preassure from my area manager-thats what they are dealing with. if i will go to work tomorrow and they will call me that im not allowed -are they have to pay me the hours ?
Expert:  Ben Jones replied 1 year ago.
it depends on what the contract says about how and when they can cancel shifts - for example there could be a policy which states that they can cancel shifts with certain notice and not be liable for the pay, so it all depends on what the practice in the workplace is

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