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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 75168
Experience:  Qualified Employment Solicitor
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My boss 'suggested' that I look for another job as it was

Customer Question

My boss 'suggested' that I look for another job as it was likely my role would be made redundant at the end of September. He advised a redundancy package but wouldnt give it to me in writing although I asked repeatedly. The goalposts kept changing. I have now been offered another job and he wants me to resign rather than honour the conversation around redundancy. Is that constructive dismissal?
JA: Have you discussed the termination with a manager or HR? Or with a lawyer?
Customer: No, only with him He is the CEO
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: Full time employee, no union
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: He talked about 6 month payment, then reduced it to 3 months. He seemed keen to get me a redundancy payout to tie up with me getting an offer so I would benefit. It just seems really shady - I wouldn't have looked for a job if he hadn't told me to!
Submitted: 22 days ago.
Category: Employment Law
Expert:  Ben Jones replied 22 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 22 days ago.

Can I just check how long you have worked for this employer please?

Customer: replied 22 days ago.
Less than 2 years - 11 November 2019
I was employed as a contractor via an agency as we had no way to pay in the UK and then transferred onto an employment contract on 1 May 2020
Customer: replied 22 days ago.
That should count as continuous employment I think
Sorry don't call me!
Customer: replied 22 days ago.
I don't want to pay £44 for a call, not necesary
Customer: replied 22 days ago.
Sorry about that - I was typing and hit return and it auto clicked on yes for the phone call.
Are you able to help with the advice via chat?
Customer: replied 22 days ago.
Can you please refund me the £44 already taken for the call we haven't had?
Expert:  Ben Jones replied 22 days ago.

Hello, I am just an independent user on this site, in the same way as you are, which means that unfortunately I have no involvement in the billing side of things. If you need to query anything to do with billing, charges or membership, you may be able to take certain actions by going to your account on this site. Alternatively, please contact the site’s customer service team directly. You can find their contact details by following this link:

Hopefully, they will resolve any issues you have to your satisfaction.

Going back to your query, the main issue in the circumstances is the fact that you have only been continuously employed at you place of work for less than 2 years. That means that your employment rights will be somewhat limited. Most importantly, you will not have legal protection against unfair dismissal or constructive dismissal. This basically means that your employer can dismiss you or force you to resign for more or less any reason, and without following a fair procedure, as long as the decision is not based on a reason which makes this automatically unfair. They can proceed with a dismissal or treat you unfairly and force you to leave, even if you had done nothing wrong and also without following any specific fair procedure.

So you cannot claim constructive dismissal here and neither can you claim for unfair dismissal if they dismiss you instead. The discussions about compensation would not have been binding at this stage so you cannot force them to honour them. So even if you do not resign and they make you redundant instead, they do not have to pay any redundancy pay as you also need 2 years service to be eligible for that

Customer: replied 22 days ago.
Thank you so much - that's all really good to know, appreciate your time and effort here.I also spoke to customer care who have refunded the payment, thanks for that as well :-)
Expert:  Ben Jones replied 21 days ago.

You are most welcome. If you have any further questions about this, please do not hesitate to get back to me and I will be happy to help. All the best