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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47845
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Please can you advise. There is a lot more behind this

Customer Question

Hello
Please can you advise.
There is a lot more behind this situation than I can possible put in an e mail.
Just a brief outline. Five months ago I was left " holding the baby" so to speak. I was left to manage a dental practice. Which I did for 5 months.
During this time there were many unusual situations to deal with.
The practice had lost most of the staff due to previous poor management and we were on the bones of our bottom.
It took nearly 4 months to find a replacement PM.
I had been working an extra 60/70 per month to keep the practice operational.
The new PM took over approx 6 weeks ago, however due to the induction process and already booked holiday he had only been in the practice 11 days when the following incident happened.
Two weeks ago I was placed in a horrible situation.
He called me into a meeting to discuss staff rotas - so I thought.
However he then went on for more than 2and a 1/2 hours.
I was bullied, threatened, vulnerable and intimidated by this person.
I felt I could not go back into work.
I wrote a long e mail to HR and resigned with immediate effect as I felt I could no longer go to work.
I can forward you the e mail that I wrote to HR
HR have asked me if I wish to make a formal complaint.
I am unsure how to progress this situation.
I don't know what the best course of action to take.
Please can you advise.
Thank you
Mrs Anne Dykes
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today. How long did you work there for and when did you leave?

Customer: replied 1 year ago.
Hello
I started working there just shy of 4 years and I left on the 13th of july
Expert:  Ben Jones replied 1 year ago.

Thanks and what are you ideally hoping to achieve? Please note I am in court today so may not be able to reply straight away thanks

Customer: replied 1 year ago.
I would like to ensure that this person is taken to task and not allowed to repeat or hurt any of my work colleagues in the same or similar way
Expert:  Ben Jones replied 1 year ago.

Many thanks for your patience. 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).

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.

This is your basic legal position. I have more detailed advice for you in terms of the steps you need to follow should you decide to take this matter further, 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 is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you

Expert:  Ben Jones replied 1 year ago.

Hello, I see you have read my response to your query. Please let me know if this has answered your original question and if you need me to discuss the next steps in more detail? In the meantime please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. The question will not close and I can continue with my advice as discussed. Thank you

Ben Jones and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Good morning
Please could you call me to discuss
Thank you
Anne
Customer: replied 1 year ago.
Hello
Thank you. Yes I am happy with the response and I know what to do. You know something sometimes it is just better to move on. I have nothing to gain for going down that road. I don't it will do anyone any good.
Thank you
Anne
Expert:  Ben Jones replied 1 year ago.

Hello Anne, no problem, if you did want any more details then please let me know and I will be happy to help