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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46774
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I have been employed by my company as an internal mgmt. consultant

Resolved Question:

I have been employed by my company as an internal mgmt. consultant for 10+ years. I arrived as an experting Business Process, Sourcing and Project/Programmes. I took a local delivery based role in order to be closer to home in 2011 and that assignment closed in 12/15. Since then I have no assignment.
During my tenure - I have received no training, retraining or reaccreditation to the extent that it is very hard to exit effectively or find new work. I have had no Job Description against which to perform (or not) or to drive a development agenda. I now face an exit process. What duty should I expect from my employer...
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.
Expert:  Ben Jones replied 1 year ago.
Please can you tell me if you have ever signed a contract during your employment with the company?
Customer: replied 1 year ago.
Yes
Expert:  Ben Jones replied 1 year ago.
OK, thank you for your response. I will review the relevant information and laws and will get back to you as soon as I can. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you
Expert:  Ben Jones replied 1 year ago.
Many thanks for your patience. I tried to check this with you earlier but could not get back on the site. I need to know if you are an employee or self employed as that will determine your rights in this case. If you a unsure you could search for ‘employment status indicator’ and go through the relevant questions or take the short test to determine your status. If you could then let me know the outcome I can advise further. Thank you
Expert:  Ben Jones replied 1 year ago.
Hello, have you had the chance to work out your employment status please so I can continue with my response, thanks
Customer: replied 1 year ago.
Hello Ben
I am a full time employee of Sopra Steria. I would like a little guidance before a protected discussion I am having tomorrow about option going fwd.
Adam
Expert:  Ben Jones replied 1 year ago.
Thank you and what is the reason for he proposed exist, is it basically a redundancy?
Customer: replied 1 year ago.
The company went through a merger in 2015 and has completed a redundancy round under which I was retained - however I have been between assignments for some time. The absence of line management, loss of accreditation making it hard to redeploy. Company appears to take the view they will offer training if a role appears for me - but that role doesn't emerge due to the lack of CPD/Training/Accreditation. Redundancy is a possibility.
Expert:  Ben Jones replied 1 year ago.
ok thank you so when you ask what should you expect from the employer can you please clarify in what context you mean that - do you mean how they should go about this situation and any potential exit?
Customer: replied 1 year ago.
I mean do I have any rights to demand they maintain my professional status i.e. accreditation/training and to provide effective career/line management to enable me to continue working. Is this absence of activity effectively creating a circumstance where I cannot work? - How do I force that issue?
Expert:  Ben Jones replied 1 year ago.
There is no legal requirement on the employer to this I’m afraid. So if you are employed in a specific role which requires you to be accredited to be able to continue working in it after you leave, sadly the law does not formally require the employer to provide such accreditation or maintain your professional status. Neither are they required to provide the necessary training for you to continue to be employable after you leave. All of this is entirely down to the employer, or if the specific industry or governing/regulatory body requires it. However, this is not a legal issue it would be a regulatory one and it would really depend on there being a formal regulatory requirement for that. If there is not, then it is all about good practice and a moral obligation rather than a legal one. The fact that a lack of activity means you may not be able to work in the future does not make the employer guilty of anything in relation to hat. It may create issues whilst you are employed by them where there is effectively a breach of trust and confidence and the only way you can pursue this further would be through the constructive dismissal route. This is where you are basically forced to leave because the employer has breached your contract and you feel you have no other option but to resign. This is your basic legal position. I have more detailed advice for you in terms of the law on constructive dismissal and how it can apply here, 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, there I no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46774
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Law Specialists are ready to help you
Expert:  Ben Jones replied 1 year ago.
Thank you. So as mentioned, 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.

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