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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48555
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I work for a global multinational with registered offices in

Customer Question

I work for a global multinational with registered offices in USA and U.K., I work in U.K, where there's is a HR presence.
My boss works in Ireland, the business style is command and control, verbal communications, no minutes no written instructions and my boss tells so many lies I don't think they know where one stops and one starts.I have a recent dispute leading to stress and time off works part sick mainly annuals holiday from harassment, group ridicule, impossible chalanging taks, and expectation to do work not specified in my job description. Historically there was some group humiliation some food thrown by the md, witnesses suggestions of actual bodily harm again from the md.I was suggested to travel with a back injury week 2 into a six week recovery the injury aquired in work time, then almost disciplined for getting a taxi, (to a meeting and to the airport the next day to get a flight to Ireland at my managers request), as my boss denies getting the taxi email request attached to a very important quarterly report, essential to our business.Access to Human Resources has recently been removed from myself in the uk and relaocated to a colleague / drinking partner of my boss in Ireland.My boss has pretty much told me they are untouchable and got carte blanch regards myself.What rights do I have, previously at least human resource in the U.K. showed due diligence and duty of care, and made management conform to some of the rules.
Submitted: 22 days ago.
Category: Law
Expert:  Ben Jones replied 22 days ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 22 days ago.

Is your contract under UK law and how long have you worked there for?

Expert:  Ben Jones replied 21 days ago.

Hello, not sure if you saw my initial query above - Is your contract under UK law and how long have you worked there for?

Customer: replied 20 days ago.
Hello BenMy contract is indeed in the U.K. And I have worked there since November 2008Regards
Mark
Expert:  Ben Jones replied 20 days ago.

Hello Mark, 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 resigns in response to it.

Whilst the alleged breach could be a breach of a specific contractual term, it is also common for a breach to occur when the implied term of trust and confidence has been broken. The conduct relied on could be a serious 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).

Before constructive dismissal is contemplated, it is recommended that a formal grievance is raised in order to officially bring the concerns to the employer's attention and give them an opportunity to try and resolve them.

If resignation appears to be the only option going forward, it must be done in response to the alleged breaches (i.e. without unreasonable delay after they have occurred). Whilst not legally required, a resignation would normally be with immediate effect and without serving any notice period. It is also 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 with the employer. There is a time limit of 3 months from the date of termination of employment to submit a claim in the employment tribunal.

It is worth mentioning that there is a possible alternative solution, where the employer is approached on a 'without prejudice' basis (i.e. off the record) to try and discuss the possibility of leaving under a settlement agreement. Under such an agreement, the employee gets compensated for leaving the company with no fuss and in return promises not to make any claims against the employer in the future. It is essentially a clean break, where both parties move on without the need for going to tribunal. However, it is an entirely voluntary process and the employer does not have to participate in such negotiations or agree to anything. It just means that these discussions cannot be brought up in any subsequent tribunal claim and prejudice either party. So there is nothing to lose by raising this possibility with them as the worst outcome is they say no, whereas if successful it can mean being allowed to leave in accordance with any pre-agreed terms, such as with compensation and an agreed reference.

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Expert:  Ben Jones replied 18 days 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 stars above. The question will not close and I can continue with my advice as discussed. Thank you

Expert:  Ben Jones replied 17 days ago.

Hello, not sure if you are having trouble seeing my posts? Do you need any further assistance or are you happy with the response to your query? I look forward to hearing from you. Thanks