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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 50187
Experience:  Qualified Employment Solicitor
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Ref: Employment Law. My partner has given Notice at his place

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Ref: Employment Law.
My partner has given Notice at his place of work (after 20 years, good Service, a 'clean record' and excellent 'sick record') and instructed his employer that he will be leaving. His current employer has made contact with his future employer and disclosed that he has 'personal problems' that he may wish to be aware of. In addition to this, has told other current employees that my partner is no struggling to manage and, in essence, is not fit for work. My partner is in a Management position. I constructed an email (which we sent last Friday) outlining that this is a misuse of personal data and confidentiality and a breach of the Law etc. In addition to this, they owe each other a Duty not to act in a way that is likely to destroy or seriously damage the relationship of trust and confidence between employee and employer .  This is a term which is implied, by law, into every contract of employment.  Due to the fact that this has now fundamentally breached this, the case could now be viewed as Constructive Dismissal and requesting a response with in 7 days. Subsequent uncomfortable working conditions and we have no idea how to proceed. We are willing to instruct a Solicitor, but would value some professional thoughts! Many thanks.
Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. can you tell me has his future employer withdrawn his offer of employment
Customer: replied 3 years ago.
Future employer has not withdrawn offer of employment
You are correct that there is an implied term of trust and confidence in every employment relationship, however to be able to claim constructive dismissal he must show that he was resigning in response to that breach and that he has suffered losses as a result. The issue is that he had already resigned prior to the breach so the employer could certainly try and argue that there was no constructive dismissal because the resignation had occurred voluntarily before any alleged breach had taken place.

The other issue is what he could potentially claim from pursuing such a claim. All he can claim is for future losses of earnings resulting from his resignation. If he has managed to secure another similar job straight or soon after leaving the current employer, he would not have suffered many losses and pursuing a constructive dismissal claim would be somewhat pointless and too much of a risk.

Instead he could try and pursue the employer for negligence, by arguing that the comments they made have been negligent and that if he has suffered losses as a result (e.g. not getting the new job) he can make a claim for compensation to cover these. He may also warn the employer he has been guilty of defamation although such claims are very complex and expensive so just use it as a warning rather than making a full claim.

I hope this has answered your query. Please take a second to leave a positive rating, or if you need me to clarify anything before you go - please get back to me and I will assist further as best as I can. Thank you
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