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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 60498
Experience:  Qualified Employment Solicitor
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I would like some help taking up an unfair dismisal case

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I would like some help taking up an unfair dismisal case
Assistant: Was the forced resignation discussed with a manager or HR? Or with a lawyer?
Customer: Discussion was held with hospital director but i was not in agreement with what she was saying
Assistant: Does the workplace operate with employees, freelancers, consultants, contractors or with unionised employees?
Customer: Employees
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: I was asked to step down in the last 5weeks of my notice period and told it was because i was under performing but there had not been discussions of that nature prior to that

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

How long have you worked there for?

Customer: replied 8 days ago.
I was there for 5 yrs in total but after 2yrs i changed contract to bank for about 3mnths then went back back to full time but on going back to full time i started the whole process again so this was 3yrs ago.
What actually happened is i had already given my notice as i felt overworked. I had been promoted to ward manager and for a whole year had no deputy i was doing 2people job.One Monday morning hospital director called and said i had 2more weeks to be manager and to hand over to someone else thereafter i should be a nurse on the ward and go on nursing salary i did not agree to this and i told her i was leaving that very day, i worked the rest of my shift and did not return. I then wrote to her asking for documents like my last supervision, our discussion in writing my contract and my exit interview for 4weeks she did not respond regarding the documents but would respond to the emsils. I then contacted central HR who pointed me to the direction of personal data department i wrote to them, they responded through branch HR that i would receive then in 20days. My main issue is in my time there i was never told that i was under performing, there were no emails or discussions no action plans in fact my last supervision with my line manager was actually good so i dont see how i got a demtion phone call 6weks before my leaving date

Thank you. And what do you specifically wish to know from me about this please?

Customer: replied 8 days ago.
Hie i need to know if i can persue this and how i can go about it

Ok thanks. I do not see this being an unfair dismissal case to be honest, because you were not dismissed in the end – you resigned. Sao if anything, it would be a constructive dismissal case, which is where you are forced to resign because of the employer’s unreasonable behaviour. The problem with arguing that is you were already leaving anyway so to claim that the employer had forced you to leave your job is going to be difficult – at best you can argue they made you leave earlier than planned but not that you had made the actual decision to leave.

As such claims are difficult to win at the best of times, this will be even more difficult. What you can consider pursuing them for is the pay you should have received for the rest of the notice period had you been able to work it.

You have 3 months to take it further and make a claim. Before a person can make a claim in the employment tribunal, they would be required to participate in mandatory early conciliation through the Advisory Conciliation and Arbitration Service (ACAS).

The purpose of this process is to allow ACAS to mediate between the claimant and respondent to agree on an out of court settlement in order to avoid the need for legal action in tribunal. The respondent does not have to engage in these discussions, or if they do and the talks are unsuccessful, the claimant will be issued with a certificate allowing them to make a claim.

However, if a settlement is reached, the claimant would agree not to proceed with the claim in return for the agreed financial settlement. Other terms can also be agreed as part of the settlement, such as an agreed reference.

To initiate the conciliation procedure ACAS can be contacted online by filling in the following form (https://ec.acas.org.uk/Submission/SingleClaimantPage), or by phone on 0300(###) ###-####

If the conciliation process was not successful and you then wanted to make a formal claim in tribunal, you can do so here:

https://www.employmenttribunals.service.gov.uk/apply

Does this answer your query?

Customer: replied 8 days ago.
i am answered, thank you, ***** ***** been charged for a phone call which i probably wont be needing now, can i claim refund please, if so how

Yes, you can of course get a refund for the phone call charges. Could you please leave your rating to close the question and I can then submit a request to customer services to issue a refund. Many thanks

Customer: replied 8 days ago.
I cannot see rating link or do i just do it in writing

it's the stars at the top of the page

Customer: replied 8 days ago.
Ok

thank you

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