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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 50167
Experience:  Qualified Employment Solicitor
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. My friend and i worked charity, I was a volunteer

Customer Question

Hi. My friend and i worked for a charity, I was a volunteer but my friend is a deputy manager. Last year we had a lot of problems with the manager (We were accused of stealing even though we proved otherwise) As a result of this and other problems i felt I could no longer work there and felt compelled to leave. My friend could not afford to just give up her job but refused to work with this manager. I put in an official complaint laying out several breaches of policies and other unacceptable occurences. As a result the Manager had to go to a disciplinary hearing and was instantly dismissed. Today we have been informed that she has won an appeal based on a technicality. She is being allowed back to the same shop and my friend is making herself ill thinking about her returning as she complained too. Does she have to work with her or should she leave and go for constructive dismissal. She cannot afford a solicitor. I don't know how to help her. Also can i claim for staff discount that this manager refused to give me for the 5 years I was there? Thank you
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.
Ben Jones : Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Were you contractually entitled to these staff discounts?
JACUSTOMER-xgdsyy44- :

It was written in the staff handbook that ALL volunteers were entitled to 50% discount plus a meal entitlement. I was refused this also. All volunteers at this particular shop were refused it by this Manager.

Ben Jones :

did you ever challenge that at the time?

JACUSTOMER-xgdsyy44- :

Yes I did, but at the time the Manager informed me that as we were a "cheap" shop she would not allow it as we already got things at a cheap rate. However so did every customer that came into the shop. I put in a complaint to Head Office but what told I could not claim retrospectively as it was up to me to take it. I pointed out that we were refused it so was unable to take it but they still insist that they will not pay me.

Ben Jones :

It is unlikely you will be able to claim for the discount at this stage. First f all it is not clear whether this was a contractual entitlement – it was in the staff handbook but this would also have to have formed part of any formal contract you had with them. Just because it is in the handbook it does not make it contractual. Also if you did not get the discount at the beginning you should not have continued to buy things assuming you would get it – by continuing to buy things without the discount you are likely to have implied your acceptance to the fact that there was no discount and as such your chances of claiming that back now would be adversely affected. So the likelihood of claiming it is relatively low.

As to you friend, 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).

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.

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.

An alternative way out is to approach the employer on a 'without prejudice' basis (i.e. off the record) to try and discuss the possibility of leaving under a settlement agreement. Under a settlement agreement, the employee gets compensated for leaving the company and in return promises not to make any claims against the employer in the future. It is essentially a clean break, although the employer does not have to agree to it so it will be subject to negotiation. In any event, there is nothing to lose by raising this possibility with them because you cannot be treated detrimentally for suggesting it and it would not be used against you.

Just to make a final, yet important point, that constructive dismissal can be a difficult claim to win as the burden of proof is entirely on the employee to show the required elements of a claim were present. Therefore, it should only be used as a last resort.

I hope this clarifies your position? If you could please quickly let me know that would be great, as it is important for us to keep track of customer satisfaction. Thank you

JACUSTOMER-xgdsyy44- :

Thank you for that, unfortunately you haven't really told me anything i haven't already looked up online. Also you didn't answer my question about whether my friend can be made to work with this person. I would have thought that she would not have been allowed back to the same shop where all the staff had made complaints about her. Is that legal or professional? I really am no further on and I so wanted to help her as she is in a bad state.

Ben Jones :

the reason you may have ready all of this online is because these are your rights in this case, I cannot make up thing that do not exist just to try and tell you things that you have not yet read. It is entirely legal to bring this person back to this shop, regardless of complaints - there are thousands of workplaces where people that have complaints against them continue to work, it is about how it is dealt with by the affected people and that would be as explained above

JACUSTOMER-xgdsyy44- :

Okay, thank you

Ben Jones :

you are welcome