Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.
Please can you clarify whether you did not receive any statutory holiday or sick pay during the 4 years you were employed there?
Hello, there are no automatic obligations on an employer to place relief procedures such as the ones you were hoping for. However, the employer will have a general duty to ensure the health and safety of their employees and not put them under unnecessary pressure. Everyone knows that various pressures arise in just about every job and it is a given that if you have a job, you would probably be working under pressure at some points in your working life there. It is when the pressures are unreasonable and become to seriously affect the workers’ health that they may become something that can be challenged.
Now tat you have left you only have two options to take this further and claim. One os a claim for constructive dismissal, which is when you have been forced to resign as a result of the employer’s breach. However, you must not have delayed your resignation so if these issues had occurred over the years and you only resigned a few years after you started experiencing them, it is very unlikely you would be able to claim as it would be assumed that you had accepted the situation as it stood.
The other option is a claim for personal injury, but you will have to show that you had suffered some type of injury as a result of the employer’s actions, such as a recognised psychiatric illness. If you were just left feeling stressed and under pressure, without some recognised injury being suffered, then you cannot claim.
This is your basic legal position. I have more detailed advice for you in terms of how to start either of these claims, 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
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