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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 50138
Experience:  Qualified Solicitor
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I was absent with work related stress/severe depression (workload)..

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I was absent with work related stress/severe depression (workload).. My then supervisor moved in with my daughter...he assaulted her four times (I had no knowledge of this) ..he then assaulted her, damaged her property..was arrested and charged. When I returned to work he had become my manager. I found this very stressful..but was told that "it had not happened to me..and that "it was none of my business"
I was spoken to disrespectfully ***** ***** person..and left ..was off for another two and a half weeks ..when I returned "he" referred me to Bupa for a health report based on statements which were untrue. Bupa stated in the following report that the workload and being forced to sit along side this person was the reason that I "could not continue in this post" ..I raised a grievance (April 3rd..hearing meeting arranged for September 14th) re.workload and my managers treatment of me. Whilst absent..little contact from employer..I stopped sending sickness certs middle of July..and was told at last "welfare meeting" that they had none of these..and that I "was absent without leave"
Meanwhile my union rep. Informed me that my employer could be paid severance on I'll Heath grounds (which I disagreed with due to Bupa saying that I was fit..but not for the post as it stood. (Hence grievance). I found another post..and was advised repeatedly by my Union "hang on" ...not to resign.
I started my new post on 03/08/15 and called my rep. repeatedly to say that I needed to resign..that the stress was unbearable. He repeated...don't be hasty.
I resigned last week..and having been paid..wrote to payroll to repay overpayment.
Employer then sent a letter accusing me of "gross misconduct" "claiming ill health benefit from them whilst working with another company" ..which they retracted without apology.
Today my new company who is a contractor for my previous employer has suspended me..letter to follow with and further explanation to the statement that I "disrespected a nwr employee" (my previous employer)...and that I had been"disruptive" !! My new employer was told at interview the whole and entire truth about my situation ...and have been told all about the situation - but still offered me the post. I have been humiliated today and am so very angry about the situatIon
please please can you help
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. How long have you worked there for?
Customer: replied 2 years ago.
Over 10 years
Thank you and what are you hoping to achieve in this situation?
Customer: replied 2 years ago.
Compensation from previous employer for constructive dismissal.- and to prove that I have been blacklisted by previous employer - making my employment with new employer impossible
Customer: replied 2 years ago.
Have you any advice
Sorry I was offline by the time you had replied. Claiming constructive dismissal is not an easy task and there are quite a lot of things to prove before you can be successful. However, now that you have resigned it is the only option you have. Before you are able to make a claim you would be required to go through ACAS and use their free conciliation service to try and negotiate with the employer over a financial settlement in order to try and avoid having to go down the tribunal route. However, if these negotiations are unsuccessful then you would be allowed to make your claim.
The conciliation procedure and the form to fill in can be found here:
In terms of compensation for being blacklisted, that would not be possible. It is not actually unlawful to blacklist someone unless it was in relation to trade union activities. Also this is not really being blacklisted, and you would not be able to force anyone to admit to that so this is not a realistic claim to make. Therefore, just concentrate on the constructive dismissal aspect and the ACAS discussions to start with.
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
Customer: replied 2 years ago.
so I should now contact ACAS ..
You must do that before you are allowed to make a tribunal claim so yes, it would be the first step in trying to resolve this
Ben Jones and other Law Specialists are ready to help you
Customer: replied 2 years ago.
Thank you