How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 49779
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
Type Your Law Question Here...
Ben Jones is online now

I am being undermined by my senior executive board and immediate

Customer Question

I am being undermined by my senior executive board and immediate line manager/boss on a daily basis and want to know whether I have a case to resign under constructive dismissal
* I am a senior buyer for a drinks wholesale company
* I fear going into work and hate my role because I am over-ruled in key decisions about what I buy, the decisions that I make and the products I intend to list for our business. This makes my role untenable and without hope.
I recognise that the 'wider business benefits' might contribute to a more strategic overview but I am unable to execute my day to day job when nobody is communicating with me.
* A senior executive in the business is trying to cut a deal with a supplier that supports his P&L ahead of the wider business trading conditions - this is to the point he has made the supplier 'ignore' me to the point I cannot make the 'basic' buy and sell relationship work
* I have another supplier who is questioning my role in my business because a senior executive is trying to do a 'wider business deal' (without telling me)
* I am trying to negotiate costs with a supplier where an executive who does 'not do detail' has left me in a position (without key information) trying to sort out a commercial deal which is imperative to the business focus with this particular supplier
* I feel stranded due to lack of involvement and feel that my position is no longer required............and am getting no answers/feedback/resolution
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. How long have you worked there for?

JACUSTOMER-m1i6zy6j- : 7 years
Ben Jones :

Hello, sorry I was offline by the time you had replied last night. 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 in turn treats the contract of employment as at an end. The employee must act in response to the breach and must not delay any action too long.

A common breach by the employer occurs when it, or its employees, have broken the implied contractual term of trust and confidence. The conduct relied on could be a single act, or a series of less serious acts over a period of time, which together could be treated as serious enough (usually culminating in the 'last straw' scenario).

The affected employee would initially be expected to raise a formal grievance in order to officially bring their concerns to the employer's attention and give them an opportunity to try and resolve them. If the issues are so bad that the employee can't even face raising a grievance and going through the process, or if a grievance has been raised but has been unsuccessful, then they can consider resigning straight away.

If resignation appears to be the only option, it must be done without unreasonable delay so as not to give an impression that the employer's breach had been accepted. Any resignation would normally be with immediate effect and without providing any notice period. It is 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. There is a time limit of 3 months from the date of resignation to submit a claim in the employment tribunal.

An alternative way out is to approach the employer on a 'without prejudice' basis (i.e. off the record) to try and discuss the possibility of leaving under a settlement agreement. Under a settlement agreement, the employee gets compensated for leaving the company and in return promises not to make any claims against the employer in the future. It is essentially a clean break, although the employer does not have to agree to it so it will be subject to negotiation. In any event, there is nothing to lose by raising this possibility with them because you cannot be treated detrimentally for suggesting it and it would not be used against you.

Just to make a final, yet important point, that constructive dismissal can be a difficult claim to win as the burden of proof is entirely on the employee to show the required elements of a claim were present. Therefore, it should only be used as a last resort.

I hope this clarifies your position? If you could please quickly let me know that would be great, as it is important for us to keep track of customer satisfaction. Thank you

Expert:  Ben Jones replied 2 years ago.
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 you need further help or if I can close the question? Thank you
Customer: replied 2 years ago.
Thank you for your response
I will not be giving any positive rating to you or just because of the £56.00 cost you have deigned upon me for advice I could have already taken from the Internet.
Possibly mislead upon the evening of reaching out to you and your company under duress, I expected more personal recall / commentary to my personal situation and had no clear indication of your 'generic' response from a so-called professional network of 'lawyers' for constructive dismissal. I have no further personal insight as to my individual case from you and feel particularly aggrieved that your society can pertain to be experts and charge me for public domain knowledge. I now only see your disclaimer below and feel personally stupid for ever contacting, and indeed paying, for any services from you.
I will of course never reach out to your business again and equally cannot recommend you accordingly.
Expert:  Ben Jones replied 2 years ago.
Ok goodbye