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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11271
Experience:  30 years as a practising solicitor.
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hi,i wonder if you can help?i have been working for a company

Resolved Question:

hi,i wonder if you can help?i have been working for a company for just over 5 years,and have been of sick for 1 month due to stress and anxiety after discussing current situations at work and general well being with my g.p.i work 25 hours a week but have had ongoing performance reviews,threats of written warnings for not doing jobs im not qualified to do and general harassment in everything i do,i.e.not fast enough,not enough customer feedback surveys,and relentless 'nit picking'.i was diagnosed with schitzofrenia about 17 years ago and have heamocromotosis which causes more than usual tiredness and fatigue.even so i feel i am doing at least as much work as everyone else just as quickly.do you think i would have a fair case to hand in my notice and claim benefits.i currently already receive dla/working tax credits/help towards rent and council tax.i know i am very lucky to have a job at all given my circumstances and feel i have come so far from where i was to where i am continuing at work will make the sky fall down.
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

It seems to me that you may have a case to resign and claim constructive dismissal. What that means is that the employer put you in a position that you could no longer be expected to work there and by that behaviour essentially dismissed you.

Unreasonable behaviour includes making you do things you are not paid or qualified to do, putting you under undue pressure, issuing warnings without justification and putting your health at risk assuming they know of your health history.

However before you do this you should see a solicitor face to face as resigning then claiming dismissal is not without risk. In addition you may also have a claim on grounds of disability discrimination. So you may have more than one head of claim.

If you resign you would not normally be able to get unemployment related benefits but given your situation I suspect it would be different because of the circumstances of your resignation possibly followed by an employment tribunal claim.

See a solicitor face to face in the first instance however and have courage in what seems to be a really awful situation.

Happy to discuss further.

I hope this helps. Please leave a positive response so that I am credited for my time.
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