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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 70220
Experience:  Qualified Employment Solicitor
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I'm very stressed with my work there is lots of issues and I

Customer Question

I'm very stressed with my work there is lots of issues and I dont know how to take it further I have spoken to acas but
JA: Was this discussed with a manager or HR? Or with a lawyer?
Customer: I'm not getting no joy with them I spoke to HR then they told Are manager I put in a grievance I'm really not good at writing I'm dyslexic
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: I work for Reiss as a senior sales
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I have been signed of
Submitted: 8 days ago.
Category: Employment Law
Customer: replied 8 days ago.
Can someone call me instead I was told they would call
Expert:  Ben Jones replied 8 days ago.

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

Expert:  Ben Jones replied 8 days ago.

How long have you worked there for? Please note this is not always an instant service and I may not be able to reply immediately. However, rest assured that I am dealing with your question and will get back to you today. Thanks

Customer: replied 8 days ago.
7 years in october
Customer: replied 8 days ago.
Thank you
Customer: replied 8 days ago.
I didn't read this properly I will just leave it thank you
Customer: replied 8 days ago.
I'm going to cancel and seek help else where sorry for your time
Expert:  Ben Jones replied 8 days ago.

Don’t worry about the pop-up mentioning a phone call – this is an automatic offer made by the system, giving you the opportunity to pay extra to discuss things over the phone. However, it is entirely optional and if you just ignore it and close it down you will not be charged extra and we will just continue in writing at no extra cost. Do you still want to continue?

Customer: replied 8 days ago.
No thank you
Expert:  Ben Jones replied 8 days ago.

No worries I will provide you with some general info anyway which you can use as you see fit.

This could 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.

Please follow this link for some more general information about constructive dismissal from ACAS:

https://www.acas.org.uk/dismissals/constructive-dismissal

Customer: replied 8 days ago.
Thank you
Expert:  Ben Jones replied 8 days ago.

You are most welcome