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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48772
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Boss has got workmates to lie to try and sack me. Ben I have

Customer Question

Boss has got workmates to lie to try and sack me.Hi Ben I have spoke to you before My situation has worsened and I have returned from holiday to a witch hunt.My boss has now sent me a letter to attend a disciplinary meeting saying I have threatened staff .He has got them to write statements which have devastated me and I have been forced to resign.He along with his friend have also totally fabricated notes taken.I was a highly regarded member of staff until I upset another staff member who is his daughters friend.
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.
Customer: replied 1 year ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Ben Jones replied 1 year ago.
Hi there. I'm sorry to hear that you have been experiencing further issues in relation to your employment. Please could you kindly remind me of your situation and let me know what the ideal outcome would be for you so that I can assist you further. I am unable to speak at the moment but please do provide the information at the earliest opportunity. Thank you.
Customer: replied 1 year ago.
I have spoke to you previously about a workmates defamation of character toward me.I told you my boss was taking her part and now he has sent me statements accusing me of things that are untrue. At a meeting he said he was furious that I would threaten to sue her for defamation.I assured him I was not going to do this and now he has started a campaign to get rid of me.I came home from holiday to a letter saying I have to attend a disciplinary hearing.I burst into tears as he has now started a witch hunt against me with not only the manager but several work mates accusing me of making nasty comments to them.I have sent him several letters saying that amount other things the woman in question threatens the children.I also pointed out to him that as the manager who I get on great with and who told the care inspectorate officer that I was great at my job and was the life and soul of the party,now seems to be betraying me,that I hoped he hadn't forced her as on previous occasion he made people alter witness statements by intimidating them.I have copies of these letters and I know this has spooked him because along with having to get a previous employee sacked for making inappropriate sexual comments toward a child I have repeatedly complained about the behaviour of the staff member in question.He is worried that I report his establishment where I have worked for 10 years and never been disciplined at any point so has obviously decided to intimidate me.I had recently had surgery to have a tumour removed and dont feel I can cope with this.
Expert:  Ben Jones replied 1 year ago.
Please can you confirm whether they took the furniture back after you refused delivery? Please can you also advise whether you have challenged their decision in writing to them?
Customer: replied 1 year ago.
I think you sent me someone elses reply.
Customer: replied 1 year ago.
Also no notes were taken at the original meeting and now mysteriously mostly fabricated ones have appeared.
Expert:  Ben Jones replied 1 year ago.
Hi there. I'm sorry you were sent that response by accident. There was a slight issue with my connection and my reply was sent to you by accident. Thank you for yoru response to my question. I will go ahead and review the relevant information and laws and get back to you as soon as possible. As before, 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. So from what I understand you have now resigned as a result of all this. Assuming this here you are currently in this situation, then now you only have option to take the matter forward and that is to make a claim for constructive dismissal in the employment tribunal. 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). There is a time limit of 3 months from the date your employment actually terminates for you to issue a claim so time is relatively tight. However, before you are able to make a claim you will need to go through ACAS who can help you deal with this and seek compensation from the employer to settle this rather than you having to make a full claim. This is your basic legal position. I have more detailed advice for you in terms of the procedure you must follow to start the ACAS process, 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
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Customer: replied 1 year ago.
My problem is that he has bullied workmates into lying.His statements don,t add up what ive got in my favour is I'm telling the truth.
Expert:  Ben Jones replied 1 year ago.
I understand that you are facing untrue statements, the issue is that it will nt prevent a dismissal if that is the route they want to go down via. A tribunal will not know what is true and what is not so it will come down to these witnesses probably attending as witnesses and being asked to provide evidence under oath, and they may not be able to lie if faced with that prospect, which is different than lying in the workplace when not under oath. They could also be cross examined in tribunal if needed and holes picked in their evidence which would hopefully reveal all the lies and inconsistencies
Customer: replied 1 year ago.
I want it all done under oath as I don't need to lie .I resigned though and they accepted I put in my letter of resignation that because of the lies I wouldn't be coming back.He is really worried that I am reporting wrongdoings to the children and said that if I report them no one will back me up as they are scared of losing their jobs and he will make sure I never work again.If this is all done under oath then they may not lie as you say. He has in the past made staff change witness statements.What should I say to ACAS?
Expert:  Ben Jones replied 1 year ago.
A new feature in the employment tribunal’s claims process is mandatory early conciliation with ACAS. This requires prospective claimants to notify ACAS and provide details of their intended claim and they would then try to negotiate between the claimant and respondent to seek out of court settlement in order to avoid having to take the claim to the tribunal. It is possible for the parties to refuse to engage in these negotiations, or that they are unsuccessful, in which case they would get permission to proceed with making the claim in the tribunal. If negotiations are initiated and settlement is reached, then the claimant would agree not to proceed with the claim in return for the agreed financial settlement. The conciliation procedure and the form to fill in can be found here: https://ec.acas.org.uk/Submission/SingleClaimantPage In terms of the time limits within which a claim must be presented, the early conciliation process places a ‘stop’ on that and the time between notifying ACAS and them issuing permission to proceed with the claim would not count for the purposes of these time limits. So you need to contact them to say you are intending on making a constructive dismissal claim and wish to start the early conciliation procedure with them
Customer: replied 1 year ago.
I got offered a job today he's saying I cant have a reference. What should I do should I tell them the truth?
Expert:  Ben Jones replied 1 year ago.
there is no legal requirement to be given a reference so they can withhold one if they want to, it may be best if you tell them what actually happened which would explain why you could not get a reference
Customer: replied 1 year ago.
Iv got character references from 3 doctors one of whom I looked after her child in the nursery and one of whom I've known for 30 years do you thunk these might do.?
Expert:  Ben Jones replied 1 year ago.
that is entirely down to the new employer to decide so I can't really promise anything
Customer: replied 1 year ago.
Ben I am definitely going for constructive dismissal as I think that most people involved will be reluctant to lie under oath.Afew of them will probably still lie but their statements are ridiculous.Should I show all my documentation to a lawyer first to see if they think I have a strong case.
Expert:  Ben Jones replied 1 year ago.
You certainly can, before diving into the claims process you would be advised to get a more formal case analysis conducted by someone in person, but as mentioned you can go through the ACAS procedure for free and without any risk first