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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 49851
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I am currently under investigation at work. My employer has

Customer Question

I am currently under investigation at work. My employer has undertaken an investigation that has been pretty much a check list of what not to do in the eyes of ACAS. This has been ongoing now for five weeks with me being suspended the entire time.I want to take my employer to an employment tribunal based on the investigation errors committed so far. That said I have today received an email from the third person to take over the running of the investigation and am now concerned that if he puts everything right in regards ***** ***** fairness of the investigation that an employment tribunal will look favourable on the company forgetting everything they have done wrong so far.My question is if I resign now under duress and claim constructive dismissal will the investigations errors be permitted at any potential tribunal? Or will the company be looked upon favourably if they sort out this mess?
Submitted: 4 months ago.
Category: Employment Law
Expert:  Ben Jones replied 4 months ago.

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

Expert:  Ben Jones replied 4 months ago.

How long have you worked there for?

Customer: replied 4 months ago.
Five years
Expert:  Ben Jones replied 4 months ago.

Hi there, sorry I was offline by the time you had replied. It is possible to claim for failures which have already occurred. In a constructive dismissal case you are basically claiming for breach of trust and confidence by the employer. So in many cases the damage could have already occurred and it is those initial actions which an employee would rely on in order to make such a claim. Therefore, even if they tried to put things right, it could still be too late depending on how serious the initial issues were and whether they made you eel that the relationship has already broken down and you cannot continue working there as a result.

I trust this has answered your query. Please take a second to leave a positive rating by selecting 3, 4 or 5 stars above - 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 reply on here and I will assist as best as I can. Thank you

Expert:  Ben Jones replied 4 months ago.

Hello, I see you have read my response to your query. Could you please let me know if it has answered your original question? You can either reply on here with a quick ‘Yes, thanks’, or select 3, 4 or 5 stars on this page. I can still answer follow up questions if needed to clarify anything for you. Many thanks

Expert:  Ben Jones replied 4 months ago.

Hello, not sure if you are having trouble seeing my posts? Do you need any further assistance or are you happy with the response to your query? I look forward to hearing from you. Thanks