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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 61714
Experience:  Qualified Employment Solicitor
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My husband has been a GM with a company since 1 March 2016.

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My husband has been a GM with a company since 1 March 2016. On appointment, he received no induction or training. He is now being accused of being dishonest as refunds were made throughout the summer when guests complained or walked out without paying. He has used this method to balance the stock since he started. They have now started an informal investigation and not stated what they are looking for. This has been going on since 1 November 2019.
Assistant: Was the accusation discussed with a manager or HR? Or with a lawyer?
Customer: His line manager and him in an informal meeting
Assistant: Does the workplace operate with employees, freelancers, consultants, contractors or with unionised employees?
Customer: Yes it has numerous sites with 2000+ employees with various managers, directors and solicitor but no HR
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: They have seeked legal advice but told my husband that as it is informal then he has no need to.

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. I may also need to ask some questions to determine the legal position.

What do you specifically want to know about this please?

Customer: replied 7 days ago.
Due to this ongoing situation, my husband is now off with work related stress but has been contacted 3 times in the last 24 hours about work. Can we do anything legally
Customer: replied 7 days ago.
He has had no performance reviews in all the time that he has been employed here and his conversations about excessive demands have been repeatedly dismissed

What are you ideally hoping to achieve?

Customer: replied 7 days ago.
I suggested an agreement settlement as in pay 3 months notice and a reference to which the reply was unrepeatable what rights has he got legally regarding no duty of care and false allegations

The processes he used - were they known to the employer, did they know he was doing this and say nothing, have others been doing the same?

Customer: replied 7 days ago.
Yes and we are the only pub within the consortium so there is no one to compare him to. As he has had no performance reviews then this has never been looked at before
Customer: replied 7 days ago.
A good profit has been achieved and my husband reduced staff labour by £16,000 by working 90 hours a week

Ok even though he may have done things incorrectly, the fact that this was as a result of poor, or no training and that they knew about it but did nothing and in some ways may have even inadvertently set him up to fail, means that he could consider challenging them that it amounts to potential 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).

 

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?

Customer: replied 7 days ago.
Yes, thank you
Customer: replied 7 days ago.
Shall we bother with grievance procedure or just tell him to resign

Nothing to lose by trying but if you believe the outcome is a foregone conclusion then you could potentially skip it

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