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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 70225
Experience:  Qualified Employment Solicitor
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Confiednuatlity at work had been broken and left me no

Customer Question

hi
JA: Hi. How can I help?
Customer: confiednuatlity at work had been broken and left me no choice but to quit
JA: Was this discussed with a manager or HR? Or with a lawyer?
Customer: manager
JA: Does the workplace operate with employees, freelancers, consultants, contractors or with unionised employees?
Customer: we have depot managers so i went to the person above my depot manager he is the one who broke confidenuality
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no
Submitted: 7 days ago.
Category: Employment Law
Expert:  Ben Jones replied 7 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 7 days ago.

I'm sorry to hear this. What has happened exactly? Please explain the situation in full

Customer: replied 7 days ago.
hello i i didnt make a formal complaint i just raised concerns with my operations manager about our depot manager. He thanked me for the heads up and said he would talk to the people involved but will do it in a discreet way so as not to raise suspicions and to gather more information. unfortunately he did not stick to his word and call my depot manager directly and told him what i had said. He then started questioning my colleges and has made it so uncomfortable for one them they handed in their notice. I have also been forced to hand in my notice because of the situation since i have been signed off from work with stress and depression due to this and other circumstances that my operations manager was aware about and already knew i was in a fragile state. I feel he has broken my confidentiality and trust.
Customer: replied 7 days ago.
i sent my notice in and i have not heard back from my work place at all.
Expert:  Ben Jones replied 7 days ago.

OK thank you. How long have you worked for this employer please? and what is your specific question in relation to this so that I can best advise?

Customer: replied 7 days ago.
around 2 years what can i do? i do not feel i have been treated fairly as i was left no choice but to leave and my confidentiality has been broken it has now left me without a job.
Expert:  Ben Jones replied 7 days ago.

Exactly 2 years? Do you know the actual start date please?

Customer: replied 7 days ago.
10/7/19
sorry its a year
Expert:  Ben Jones replied 7 days ago.

No problem and thank you for providing this information. Please do not worry and leave it with me for now; 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.

Expert:  Ben Jones replied 7 days ago.

Many thanks for your patience. Now that you have resigned your only option is to consider a claim for constructive dismissal in the Employment Tribunal. However, that is only possible if you have at least 2 years continuous service with your employer. Therefore, you need to be certain that you have at least 2 years with the company before you can consider taking it further.

if that is the case, then 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.

The next steps you need to take in order to initiate the conciliation procedure are to contact ACAS, either online by filling in the following form: https://tell.acas.org.uk/find-a-solution-to-your-employment-dispute, 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

Hopefully this clarifies your position.