Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.
Please can you summarise the contents of the typed letter so that I have a better understanding of the this situation? Thank you
Hello, sorry I was offline by the time you had replied. If an employer wanted to take formal disciplinary action against you then they are indeed required to follow a fair procedure, as laid out by the ACAS Code, but they cannot be forced to do so. It just means that if they do not and then you end up making a claim for unfair dismissal against them the tribunal can increase your compensation for failure to follow that Code.
What your rights are in this situation will very much depend on their next step. They may have issued the letter inappropriately and not in accordance with procedures, but if they retracted it and did not act on it then they have not really breached procedure as such because that would only be relevant if they took formal disciplinary action against you without following a fair procedure. At this stage you have not been disciplined and if they have corrected the procedure before formal disciplinary action is taken then they can rectify the initial errors – it is if they had continued with the unfair procedure that it would become an issue.
That does not mean they are just allowed to issue such letters and that could in itself amount to a breach of trust and confidence. Apart from a grievance it would only allow you to resign and claim constructive dismissal as a possibility but this is unlikely o be serious enough on its own to warrant resignation. So you may still raise a grievance if needed and whilst you may not be able to raise it with anyone else, they should still be able to hear it and would be expected to act in an unbiased manner.
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Yes of course you can, I can deal with any further advice as a follow up question for no extra charge. In the meantime if you could please leave your rating for the response so far I would be grateful, thank you
Hi there, sorry to hear about this. 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.
No problem at all, best of luck and always happy to help int he future if needed