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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 49816
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I have been extremely harassed, bullied, threatened with disciplinary

Customer Question

I have been extremely harassed, bullied, threatened with disciplinary hearing, accused of serious misconduct, abused via emails in the last 4 months and have been asked to leave my job. They have offered me £17,500 ex gratia pay to leave. My current salary if £55,00 per annum.
I am not happy to leave. Shall I accept their offer which does not compensate me for all the harassments and stress I have gone through. I had see my doctor twice for stess and anxiety
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. can you tell me how long you have been with your employer please and why are these threats being made against you.
Customer: replied 2 years ago.
I have been with my company over 3 years and 5 months.
These threats including irrelevant and sham disciplinary hearings without substance were intentional to dismiss me without having to pay me any settlement especilaay when I questioned certain contencious adjustments in the audited accounts.
I have a trial of the emails from the General Manager who has been trying to dismiss me since December and building up a case to dismiss me. Some of the things he has written are of an abusive nature and caused me lot of distress and I had to see my doctor twice for anxiety and harrasement.
Expert:  Ben Jones replied 2 years ago.
Thank you for your response. I will review the relevant information and will get back to you as soon as possible. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you
Expert:  Ben Jones replied 2 years ago.
Good morning. As you have more than 2 years’ service you are protected against unfair dismissal and also constructive dismissal. This means that if the employer wanted to dismiss you they have to show that there was a potentially fair reason for dismissal and that a fair dismissal procedure was followed.
According to the Employment Rights Act 1996 there are five separate reasons that an employer could use to show that a dismissal was fair: conduct, capability, redundancy, illegality or some other substantial reason (SOSR). The employer will not only need to show that the dismissal was for one of those reasons, but also justify that it was appropriate and reasonable to use in the circumstances. In addition, they need to ensure that a fair dismissal procedure was followed and this would depend on which of the above reasons they used to dismiss.
So even though you may be threatened with disciplinary action, if they were to actually take it and rely on it to dismiss you, they must be able to justify that it was fair and reasonable in the circumstances. If you were to be un fairly dismissed and then going to make a claim in the employment tribunal then the compensation you get would be entirely dependent on how successful you have been with finding a new job. You have a duty to try and find a new job straight away so if you have managed to do so then your compensation will be relatively low and certainly nowhere hear the amount you have been offered now because unfair dismissal will only compensate you for loss of earnings and by finding a new job you have reduced these losses significantly. So the risk if you do not accept the offer is that you may find you receive less once you go to tribunal. However, if it would be difficult for you to find a new job and you find yourself unemployed for months then you could potentially get more depending on what your ongoing losses actually are. Of course it also depends on being successful and the employer not being able to show that the dismissal was fair and reasonable.
The same applies if you were to resign and then make a claim for constructive dismissal. The level of compensation is calculated in the same way but it would be more difficult to claim as it would be down to you to show that you had a reason to resign and being forced out of your job. So again there is a risk you may not be able to prove that and not get anything in compensation, or it could be a lower amount if you had managed to get a new job soon enough.
So the advantage of accepting an offer now is that it is guaranteed that you will receive something, whereas by going to tribunal there is of course no guarantee that you will win a claim and the level of compensation may be lower depending on your job hunt.
Still, that does not mean you have to accept what has been offered and you could try and negotiate for more. It is probably unlikely that this is their best offer and you could negotiate with them to try and get that increased. You may wish to consider discussing your position with them and making it clear that you would be looking at making a claim in the employment tribunal as it is clear that you would have a claim for unfair dismissal if dismissed or constructive dismissal if you were to resign. You could find that they increase their offer to try and avoid that.
So there is no right or wrong way to approach this as the outcome depends on many variables. You need to consider whether the current offer is suitable for you and something you are willing to accept and avoid the trouble of tribunal and proving your claim or if you are willing to take the risk and take it further.
I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Expert:  Ben Jones replied 2 years ago.
Hello, I see you have read my response 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? If your query has been dealt with please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. If you need further help please get back to me on here and I will assist as best as I can. Thank you.
Expert:  Ben Jones replied 2 years ago.
Hi can I assist any further please or are you happy with the response above?