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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 49855
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I am considering taking action against my employer

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I am considering taking action against my employer for constructive dismissal. Was persued by my boss to be in a relationship. He is a senior executive at a successful multinational. Have been so affected by the relationship as he was verbally abusive. I am now leaving the company as I have been suffering from depression since it happened. I have been an outstanding employee with the highest ratings on an executive level. Would it be worth to take action?
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. How long have you worked there for?

Customer: 14 years
Ben Jones :

Hello, sorry I was offline by the time you had replied yesterday. If you are considering resigning and then making a constructive dismissal claim as a result of what has happened then unfortunately your chances of success will be relatively low. This is because to claim constructive dismissal you must show that the employer had committed a fundamental breach of contract which meant you could no longer continue working there and had no other option but to resign. Whilst the actions of fellow employees could make the employer liable, this situation would fall outside this scope because this was a personal matter which was not linked to your employment. You may try and argue that you met at work and that is a sufficient link but that won’t be enough from a legal point of view. No one forced you to go into this relationship and as a consenting adult you had the opportunity to say no. Also once you were in that relationship the employer has no control over how that person behaves and there would be no sufficient link to connect this to the workplace and make the employer liable. So in the circumstances a constructive dismissal claim would be rather weak and not something I would advise you pursue. There is nothing stopping you in engaging ACAS to try and conduct the pre-claim early conciliation process for you as that is free and you have nothing to lose, but if no settlement can be achieved through that, it may be best to let the matter go at that stage as your prospects of success would be rather low.

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

Customer: Perfectly clear. Thanks.
Ben Jones :

you are most welcome

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