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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 49834
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I have been forced to hand in my resignation at work. I have

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I have been forced to hand in my resignation at work. I have worked at a school for just over 1 year. I work as the IT Administrator and I am the only IT person in the school. The school server and my working area is in the schools staff room which is public to every staff member in the school. The server should be in a secured area as it has alot of confidential data on. While doing my general school backups as part of my job my IT budget was on the screen. A member of staff walked into the staff room, looked straight at my machine and saw what my IT budget was and what other departments budgets were. He then complained to the head of the school and informed another member of staff who also complained. I was invited into a meeting with the head who suspended me under gross misconduct accusations awaiting an investigation. During the investigation they found my budget sheets which are confidential and used this as evidence. They said because I had this budget sheet which was confidential on my screen and another member of staff saw it and I had explained it was a budget sheet that this was a disciplinary offence. My computer and school server is in a public area so how can this be anywhere near confidential? The head spoke to the owner of the school who blew it all out of proportion and because I felt that I was getting ganged up on by the members of staff, the head and the owner of the school I reluctantly handed in my notice. I would appreciate some advise on what I could do or if a have a claim for unfair or constructive dismissal. I have had no previous problems or warnings.
Ben Jones : Hello, my name is ***** ***** it is my pleasure to assist you with your question today. When did you resign ?

Hello Ben, I resigned last Wednesday 18th. Thanks.

Ben Jones :

Hi, sorry I was offline by the time you had replied.

Ben Jones :

If you have been continuously employed at your place of work for less than 2 years then your employment rights will unfortunately be somewhat limited. Most importantly, you will not be protected against unfair dismissal or constructive dismissal. This 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 their decision is not based on discriminatory grounds (i.e. because of gender, race, religion, age, a disability, sexual orientation, etc.) or because you were trying to assert any of your statutory rights (e.g. requesting maternity/paternity leave, etc.).

So in the circumstances as it appears there were no discriminatory factors at play, I am afraid you will not be able to take the matter any further. Tis as an unfortunately situation and you may have been placed in an impossible position but due to your length of service you are not able to take this any further.

Hope this clarifies your position? If you could please let me know that would be great, thank you Hope this clarifies your position? If you could please let me know that would be great, thank you

Ben Jones :

Hello, I see you have accessed and read my answer to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? I just need to know whether to close the question or not? Thanks

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