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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 55139
Experience:  Qualified Employment Solicitor
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I am a private career employed by my client and she has

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Hi I am a private career employed by my client and she has suspended me for some trivial alledged reasons that have really upset me and called a disciplinary hearing I have had stress and sleepless nights from this and now feel I can't return to work as I am so hurt and lack trust in my relationship with her. I am distaught and don't know what to do?
Assistant: Have you discussed the suspension with a manager or HR? Or with a lawyer?
Customer: No there is just her, my client,
Assistant: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: Employee for 3+ years I belong to a union for my other employment.
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: No

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

What are you ideally hoping to achieve?

Customer: replied 2 months ago.
I won't be able to continue working for her due to her aggressive and unreasonable approach and would like to know if I can be compensated for the loss of my job and the damage the situation has caused?

What was the suspension for?

Customer: replied 2 months ago.
She has detailed a number of issues relating to not completing certain tasks and not listening to her, bringing my daughter to work at times during school hols against her wishes( I had her permission for this) putting her dog at risk of being destroyed by my action of bringing my child even though she changed the time of my shift which meant I had no childcare available and she agreed to me bringing her, and attending my shift as normal after not being informed that I was suspended (she informed me at that moment)

Thanks. The only way you can argue this is by saying it potentially amount to constructive dismissal, which occurs when the following two elements are present:

· Serious breach of contract by the employer; and

· An acceptance of that breach by the employee, who resigns in response to it.

Whilst the alleged breach could be a breach of a specific contractual term, it is also common for a breach to occur when the implied term of trust and confidence has been broken. This is a term which automatically exists in every employment relationship. The conduct relied on could be a serious single act, or a series of less serious, but still relevant, acts over a period of time, which together could be treated as serious enough (usually culminating in the 'last straw' scenario).

Before constructive dismissal is considered, it is recommended that a formal grievance is raised in order to officially bring the concerns to the employer's attention and give them an opportunity to try and resolve them.

If resignation appears to be the only option going forward, it must be done in response to the alleged breach(es) (i.e. without unreasonable delay after they have occurred). Whilst not strictly required, a resignation would normally be with immediate effect and without serving any notice period. It is also advisable to resign in writing, stating the reasons for the resignation and that this is being treated as constructive dismissal.

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 with the employer. There is a time limit of 3 months from the date of termination of employment to submit a claim in the employment tribunal.

It is worth mentioning that there is a possible alternative solution, where the employer is approached on a 'without prejudice' basis (i.e. off the record) to try and discuss the possibility of leaving under a settlement agreement. Under such an agreement, the employee gets compensated for leaving the company with no fuss and in return promises not to make any claims against the employer in the future. It is essentially a clean break, where both parties move on without the need for going to tribunal. However, it is an entirely voluntary process and the employer does not have to participate in such negotiations or agree to anything. It just means that these discussions cannot be brought up in any subsequent tribunal claim and prejudice either party. So there is nothing to lose by raising this possibility with the employer as the worst outcome is they say no, whereas if successful it can mean being allowed to leave in accordance with any pre-agreed terms, such as with compensation and an agreed reference.

Does this answer your query?

Ben Jones and 3 other Employment Law Specialists are ready to help you
Customer: replied 2 months ago.
thank you

you are most welcome