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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44951
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I worked for over 4 years as Administrator for a big

Customer Question

I worked for over 4 years as Administrator for a big organisation and left on 30/6/16 at the age of 68. I am not happy that I was never given a relief for periods of leave or sick leave, and was simply expected to catch up and do all the work I would have done if I did not take leave.Thus I worked under constant pressure. This cannot be right.Do I have a case for compensation? Johan Reading.
Submitted: 4 months ago.
Category: Law
Expert:  Ben Jones replied 4 months 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 4 months ago.

Please can you clarify whether you did not receive any statutory holiday or sick pay during the 4 years you were employed there?

Expert:  Ben Jones replied 4 months ago.

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

Expert:  Ben Jones replied 4 months ago.

Hello, my response should be visible on this page. 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

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