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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 50157
Experience:  Qualified Employment Solicitor
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My employer (local council) put my job and another at risk

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my employer (local council) put my job and another at risk of redundancy,both full time jobs and created one new full time job covering both previous jobs. I and the other employee decided to take redundancy as we feared the new job was too much. My employer then said we both had to apply for the new job and whoever didn't get the job would be made redundant. If we did not apply we would be classed as resigning and not get any redundancy pay. I got the job, my colleague was made redundant. However, the new job is too stressful for me to cope with so i have resigned and am working my notice period. My employer has now re-advertised my old/original job - not the enhanced/stressful/combined job I was made to apply for. I feel I have been forced out of my job with no recompense and would value a legal opinion on the matter.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

How long have you worked there all in all?

Customer: replied 1 year ago.
12 years

OK, thank you for your response. I will review the relevant information and laws and will get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Also, please do not responded to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you.

Many thanks for your patience. in the circumstances the only potential claim you can make would be for constructive dismissal, which occurs when the following two elements are present:

{C}· Serious breach of contract by the employer; and

{C}· 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). In this case it would be the stressful aspect of the job and the way you were basically forced out of it.

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.

I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 stars - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please get back to me on here and I will assist further as best as I can. Thank you

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