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Ben Jones
Ben Jones, UK Lawyer
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Please could I get a call back with some advice on Constructive

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Please could I get a call back with some advice on Constructive / unfair dismissal
Many thanks Maria
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. Can you please explain your situation on here in a bit more detail please
Customer: replied 2 years ago.


I have worked for a company for 4 years, my roles have changed to accommodate the best for the company but my main role throughout has been PA to the Global MD, Rod. in 2014 Rod's father took ill and was given just months to live... See the letter below which explains my reason for feeling i have a case of Constructive Dismissal. The letter below is what I sent to my HR department today....

Dear Ranjana

I am writing to inform you of the reason I am resigning from my Client Manager role within Interr.

I have already emailed you my formal letter of resignation and termination of my contract and am currently working my notice period until 14th August 2015.

I feel that I am left with no choice but to resign in light of the series of events that have taken place since the death of Rod’s father in Feb 2014, some of the reasons are as below

I believe I have been subjected to undue/disproportionate treatment from Roderick Arnold since January 2015 when a meeting took place to make me redundant from my previous PA / Office Manager / Business Development role. Previously to this my relationship with Rod was a very close one where I was considered, by Rod and his mum Elaine as a member of their family. We spent most of the year since his father’s death in 2014 together, travelling all of us to several overseas destinations. A more detailed report will follow.

I believe the redundancy meeting process was handled appallingly, where I was informed by Rod 10 days prior that I was going to be made redundant and I was not informed officially or called into a meeting until 10 days later. In this meeting I was informed by Rod that my role was being made redundant. I felt that this was an unfair decision based on the fact that I had been pulled from the business to assist Roderick to care for his sick father and to look after his mother and deal with all family estate issues for a whole year and much of this time I was asked to spend with Rod’s mum to help ease the loss of his father, her husband. I fulfilled this role both as his employee and as his friend. So I felt that because of this I was pulled away from my PA / Office Manager/ Business Development role within the company and was informed by the Executive Team that they were happy and wanted me to support Rod during this difficult time.

When advised of my redundancy I asked how Interr could make my role redundant when my job title was still to be Office Manager / Business Development Manager and PA to Roderick Arnold, I asked how the decision was made. At no stage was I asked to sign or change the details of my contract dated 5th May 2011. Other employees were since employed to do my role whilst I was assisting Rod during this time. Therefore I knew the roles were not redundant as advised.

When I discussed this with ***** *****, he went on to have further discussion with the Executive members. As a result of these discussions I was offered a 3 day position still as Rod’s PA and to assist the Operations Team. The three day role actually didn’t take place as I was almost immediately asked to assist with a new client contract, Portman House which was part of the Broadgate Estates account. I was asked to assist with receptionist cover until a full time receptionist was employed for the position. When I returned after 3 weeks from this receptionist cover role I was asked to join the operations team on a full time basis as a Client Manager, it was only at this time was my contract changed.

Since the official redundancy meeting that I had with Rod and Ian, did Rod’s behaviour to me become more hostile and unfriendly, I believe that this was because I showed him to be dishonest during this meeting. Rod had advised me of my redundancy 10 days prior and denied that he had done so. But I was able to evidence this to ***** *****, CEO who was in that meeting. Bearing in mind I had nursed his father and spent most of the previous year consoling him and his mother during difficult times and dealing with all family estate issues I felt very let down by Rod. As evidence to my relationship with Rod I had at one stage been given a bank card from Rod’s bank account at Coutts and I was also named as a beneficiary in his and his mum’s will. I was insured on his private cars and given keys to both of his homes. I was also given free reign of all his personal matters. I mixed socially also with Rod, his family and his close friends. I even supported in depth Rod’s partner Karim in his immigration application to remain in the UK. My family also became very close with Rod.

The reason I feel forced to resign is because of Rod’s change towards me and lack of acknowledgment in all that I had done. Our relationship has broken down irretrievably and this has caused me distress and upset on a daily basis. I did inform my line manager and a member of the Executive Team about this on several occasions and I was asked to be patient and to ignore his behaviour. I was unable to ignore this as it upset me each time he entered into the office, I was always on edge and deeply upset although I tried not to show it. I have on several occasions been seen crying in the office and on two occasions I was called into a meeting with the HR department where we spoke about this.

I appreciate the time and energy which you have invested in training me. I believe that the

skills which I have learned will serve me well in the future. I feel very apprehensive, nervous and very low about my return to work and I have a doctor’s appointment this afternoon and will update you further regarding my return after this. I have felt this way for several months but have thrown myself into my new role often working very long hours especially in trying to assist with the ACS auditing which took place in May. At this stage I feel I am unable to continue to mask my feelings of distress. I have just returned from holiday and spent most of the time there worrying about my return to work.

I will be seeking further legal representation in this regard and will advise you accordingly.

Kind regards,


Can you please give me some further advice as to what to do next? Is the letter ok? regards. Maria

Hello Maria, the letter is fine in a sense that it confirms your resignation and explains the reasons behind it. There is nothing more expected of you in the circumstances because a resignation letter for constructive dismissal would simply require you to confirm the resignation and provide some details as to what led you to making this decision.
Now that you have resigned you really have two options – one is to try and reach some kind of settlement with the employer directly or try to pursue the matter further by submitting a constructive dismissal claim in the employment tribunal.
The first 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.
If such discussions fail then you can consider the tribunal route. A new feature in the employment tribunal’s claims process is mandatory early conciliation with ACAS. This requires prospective claimants to notify ACAS and provide details of their intended claim and they would then try to negotiate between the claimant and respondent to seek out of court settlement in order to avoid having to take the claim to the tribunal. It is possible for the parties to refuse to engage in these negotiations, or that they are unsuccessful, in which case they would get permission to proceed with making the claim in the tribunal.
If negotiations are initiated and settlement is reached, then the claimant would agree not to proceed with the claim in return for the agreed financial settlement.
The conciliation procedure and the form to fill in can be found here:
If no settlement through ACAs is reached you would then be issued with permission to make a claim in the employment tribunal for constructive dismissal and that would be the final step open to you to try and take this matter further.
I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
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