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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 64450
Experience:  Qualified Employment Solicitor
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I want to reach a settlement with a company I've resigned

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I want to reach a settlement with a company I've resigned from. I work in sales and usually would be on 3 months gardening leave, but have been told I'll continue working. I want to settle amicably but want to know where I stand regarding recent changes in the business - I'm the Midlands sales manager. In Novemeber with merged with a competitor, and our south west salesman was made redundant, with me picking up most of his patch. There was no consultation about this. Nor were we both put at risk of redundancy during the process. I'd like to be able to present grievances but agree to go into the garden and drop them. Where do I stand?
JA: Have you discussed the termination with a manager or HR? Or with a lawyer?
Customer: Only my manager and HR so far
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: Employee. No union
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No I don't think so

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.

How long have you worked there for?

Customer: replied 5 days ago.
Since June 2016

What are you ideally hoping for?

Customer: replied 5 days ago.
That they'll agree to gardening leave, which is the norm in my sector especially as I'm leaving for a direct competitor.

Thank you. I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Many thanks for your patience. One thing you must consider is that you cannot force the employer to place you on garden leave and in the end that decision is entirely up to them. You can of course continue negotiating over this and perhaps even make it clear that you will potentially consider a claim in the Employment Tribunal for constructive dismissal for being forced to leave because of what happened and that may potentially prompt them to consider settlement rather than having to deal with a claim. There is however no guarantee that would happen and all you can do is keep trying until you hopefully get the outcome you were hoping for.

 

Does this answer your query?

Customer: replied 5 days ago.
Many thanks. Do you believe that significantly changing my area coverage is, on its own, cause to mention constructive dismissal? Am I also right to say that they got the redundancy process wrong by not putting us all at risk?

Yes it can do, especially if your contract did not contain any clause or provision allowing for a change of duties or area like that. Does this clarify things a bit more for you?

Ben Jones and 4 other Employment Law Specialists are ready to help you