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Has she suggested taking any action in relation to this?
OK thank you, ***** ***** it with me. I am unable to talk at the moment as I am in court today but I will prepare my advice during the day and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.
Sorry can you please confirm how long she has worked there for?
Do you have an exact date she started as that would affect her rights?
If she felt forced to resign then the only claim she can make is for constructive dismissal. This 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).
Taking a photo of her is not in itself that serious but could be if it was done covertly and then used without her permission. If she knew the photo was being taken and assuming you had not used it then it is unlikely this would be that serious to justify resignation.
In any event 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. Again, I do not think they were that bad to justify that.
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. However, this is a very difficult claim and to submit it she needs to pay over £1000, which she may not ever do.
So you can refuse to pay her anything by saying she had no justifiable grounds to resign and that you have no obligation to pay her anything now.
This is your basic legal position. I have more detailed advice for you in terms of the rights you have if she takes this 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
Thank you. In the event she takes this further she will first have to use ACAS to negotiate through them with you. This is a voluntary process and you cannot be forced to participate in it. If she then decides to take this to tribunal as mentioned she needs to pay over £1k to issue the claim. She may be out off from doing so due to the costs but if she does you can still consider settling by offering her the 12 weeks pay (or anything else) to try and get her to drop the claim. So monitor the situation and remember she only has 3 months to claim so once that has passed she won’t be able to take this further.
Looks like she is trying to blackmail you in some ways - that is not how you undertake negotiations. If she uses the data she has about you maliciously then sh will be the one in trouble and you can take it further. It is up to you how you process - you can hold off as mentioned and hope she does not do anything stupid or malicious - if she does it may damage your business or you personally but you could take things further against her.
It may be a breach of privacy but hardly a criminal matter that the police would be interested in and from a civil perspective unless she has suffered any losses she us unlikely to be able to claim anything
That is nonsense she cannot claim for that - constructive dismissal is the only claim she can make here as explained above and she will have to initiate the tribunal process within 3 months if she wanted to proceed