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Ross Miller
Ross Miller,
Category: Employment Law
Satisfied Customers: 1830
Experience:  Director (Litigation and Mediation) at Hilltop Solutions
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Are you able to provide advice on whether I have a case

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Are you able to provide advice on whether I have a case against my current employer?
Assistant: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: With my line manager and the CEO
Assistant: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: Employee, no union
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: No, shall I outline the issue?
Customer: replied 6 months ago.
In September I told my employers I wanted to start an MBA and asked if they could give me a raise or help with my fees. They said no to helping me with fees, but said that I could have a pay rise to £30k. They said it would start in January.
Customer: replied 6 months ago.
I began my studies and started to pay for my course. In December my boss told me that the CEO had changed the rules so all raises above 15% had to go through him and so I wouldn’t be getting the raise (I had been on £25k). So they’re not honouring the raise I had been promised
Customer: replied 6 months ago.
I started to panic as I have to pay my course fees and I was counting on that money. I started applying for other jobs immediately but in the meantime I asked to speak to the CEO. I had a meeting with him and he didn’t dispute any of the facts except that he said my boss was lying about the 15% cap. But he didn’t give any other reason for overturning the decision
Customer: replied 6 months ago.
He said he saw that I would feel short changed, and he didn’t want me to be demotivated. So he asked if I had faith in my own capabilities. I said yes. He said that to motivate me he would put in place a special bonus scheme that would cover the difference between the 2 wages and that I could set targets with my boss to achieve it mid way through the year
Customer: replied 6 months ago.
But I don’t think that’s fair and so I’ve accepted another job
Customer: replied 6 months ago.
But someone told me that I might be entitled to claim for breach of contract or constructive dismissal or something

Hello my name is ***** ***** I can assist with this matter.

How long did you work for the employer?

Customer: replied 6 months ago.
2 years and 3 months- I’m still there but I handed in my notice on Friday

Thank you for the information. If you have left your employment due to the fact that you feel your employer has went back on their word then you could potentially claim breach of contract, and therefore ultimetlely, unfair (constructive) dismissal. However, you claim would be required to be looked at in more detail. Since you have already left, there are a few things you can do. Firstly, you can look at an employment tribunal. What you would be arguing is that there was a fundamental breach of contract by your employer and therefore you resigned in relation to this breach, this is especially what constructive dismissal is, however, legally it is classed as an unfair dismissal. You could also look at instructing a lawyer to approach the company and see if there is a mediation to be had in this matter. It is possible that you could come to a dispute agreement whereby your employer's may be wiling to pay what they should have paid you in return you would give a legal undertaking that you will not take any action in the Employment Tribunal or Courts against them. However, I would advise that you have the full details of the case assessed prior to raising any action as there can be cost actions if there is no merit to the claim. Additionally, you only have a very strict time period to deal with these matters which is 3 months minus one day from the breach. If you would like I can offer a service on this website to provide my email address and my company would assess your claim for free. If there is strong case to be heard then we could potentially offer a no Win no Fee representation offer. Please do let me know. Otherwise, I hope this information has helped. You can find a local solicitor who deals with this on the law society webpage which is;

https://solicitors.lawsociety.org.uk/

I would be obliged if you could Click to “accept” the answer and leave me a 5 star rating (this will not cost any extra). This will tell the website that I have responded to your question, you can, of course, continue to ask any follow up questions free of charge.

Kind regards

Ross

Ross Miller and other Employment Law Specialists are ready to help you
Customer: replied 6 months ago.
Ok thanks Ross, that’s helpful.

You are very welcome.