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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 50191
Experience:  Qualified Solicitor
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Years running, I received ones (top category) in my appraisals. Last year I receiv

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For two years running, I received ones (top category) in my appraisals. Last year I received a two, being told that not so many ones are being handed out. This year, we are told not many twos are being handed out and we can expect threes. This is despite the fact that my work is still at the top level. On a chart, the appraisals would not look very good. Bad for morale. I am hugely disappointed (it hasn't happened yet) and was wondering if I could quit and claim unfair dismissal. I turn 62 in January and am expensive.
Thanks, Nick
Customer: replied 2 years ago.
I am a journalist.I am on call to go to trouble spots at any time. I have never said no. I am praised for my constantly fast and accurate editing and bright headlines. One boss, two weeks ago, said I was a genius. Just saying.
Hello whilst I can advise on UK law your rights here will not be determined by common law, rather it will be statute. So it may not be the same in the UK and Singapore. Do you still wish to proceed?
Customer: replied 2 years ago.
Thank you. So if you were going to do anything it would be a constructive dismissal claim, not an unfair dismissal one. A constructive dismissal 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). Whilst I understand your disappointment over the appraisals system, I just don't think it's enough to justify a constructive dismissal.
In any event I will guide you through the procedure in case you want to follow it. 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 has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. 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
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