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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 50207
Experience:  Qualified Employment Solicitor
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Context: Working for a private training company teaching

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Context: Working for a private training company teaching apprentices functional skills as part of their framework. We have secured large contracts with a major manufacturing company who insist that we complete all required functional skills in a 6 day period before their new employees start on the production line.As a teacher, this "sausage factory" approach to eduction has caused me to voice concerns over a period of months as we have had learners who require long term regular teaching in order to achieve the level of maths and English required by their "apprenticeship". This has now come to a head and I've been summoned to a "meeting" tomorrow and the final paragraph of the letter states that I may be dismissed.I have worked for the company for 19 months and have never had any disciplinaries during that time.I'd like to know if I have grounds for constructive dismissal as the role has changed so much over the past year, as I am thinking of resigning before I'm sacked tomorrow?

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

Unfortunately you need 2 years’ continuous service to be eligible for constructive dismissal. Similarly, you need 2 years to be protected against unfair dismissal. This effectively means that the employer can dismiss you or force you to resign for more or less any reason, without you having the ability to challenge them.

The only relevant exception is if you had made a protected disclosure and were treated detrimentally as a result, including being dismissed. However for s disclosure to be protected under law it must be for the following:

u A criminal offence

u The breach of a legal obligation

u A miscarriage of justice

u A danger to the health and safety of any individual

u Damage to the environment

u Deliberate attempt to conceal any of the above.

However, I do not see any evidence of this being the case here. Their methods are not illegal, they probably do not conform to what you see as good practice but that does not make it a protected disclosure.

There is nothing stopping you from resigning, it is just you cannot make a claim against them if you do.

I'm sorry if this is not necessarily the answer you were hoping for, however I do have a duty to be honest and explain the actual legal position. This does mean delivering bad news from time to time. I hope you understand and would be happy to provide any further clarification if needed. If you are still satisfied with the level of service I have provided regardless of the contents of the answer, I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 stars above. Thank you

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