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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 50935
Experience:  Qualified Solicitor
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I've worked for this small private company for quite a few

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I've worked for this small private company for quite a few years. A few months ago, I was told that there wasn't much of a future for me in the company nor in the new company my boss has just started. She said I should start looking for work but didn't have to rush as it's summer and I'd be needed to cover for people on holidays, etc. On the 28th of June, she gave me a hard time for swapping a day due to a family emergency (I was part-time and flexi-time. My absence had not much of a consequence). She told me that things weren't working out and she was just keeping me out of unemployment. I couldn't take it as that was just an addition to other things that were very upsetting. I got up and walked away. The next morning I picked up some personal things and sent her a text to let her know. The text also said that it was a pity things had ended that way. I've never heard back from her. Now some friends say that I should get money from her as some sort of compensation/redundancy. I'm not sure what to do. Thank you

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

How long did you work for this employer for, all in all? Please can you also provide some more information on the issues that led to you finally leaving?

Customer: replied 11 months ago.
I've worked off the books from January 2004 to March 2008 when I went on the books. I left because my boss was pushing me, I found it insulting and stressful to have to listen to her telling me that she was just doing me a favour after 13 and a half years. She could often be a bully but I've handled it for years. This was just too much. She had told me to look for work anyway. She said I couldn't swap days but that's what we've always done. She threw in my face that I'd taken a lot of time off sick but I have worked to make up for the sick hours outside the doctors note, as she requested. The company has lost a lot of business in the last couple of years as a result of losing the biggest client. I had to ask about my future because she just started treating me badly instead of telling me to go or giving me redundancy - that's when she said "well yes, start looking for work but take your time". All I did was swap a Monday for a Friday in the following week (requested by the manager) and then go on Wednesday instead of Tuesday so I could help my son with something important (I texted her in the morning to make sure that was ok). There was not much work. My duties/tasks weren't behind. There was no reason for her to sit there telling me that I was unreliable and she was just keeping me out of unemployment. I lost it. I've had a lot of stress over the years with this job. I don't want a lot of fighting and I don't have much money. I just want to know if I can get anything from her legally, as some of my friends seem to be sure I should

OK, thank you for your response. Leave it with me for now and I will review the relevant information and laws and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Also, 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.

Many thanks for your patience. 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 resigns in response to it.

Whilst the alleged breach could be a breach of a specific contractual term, it is also common for a breach to occur when the implied term of trust and confidence has been broken. The conduct relied on could be a serious 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).

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 with the employer. There is a time limit of 3 months from the date of termination of employment to submit a claim in the employment tribunal. You will basically be seeking compensation for loss of earnings as a result of being forced to leave.

Please take a quick second to leave a positive rating for the service so far by selecting 3, 4 or 5 stars above. I can continue answering follow up questions and in particular can also discuss the steps you need to follow to take this matter further from here. There is no extra cost for this - leaving your rating now will not close the question and means we can still continue this discussion. Thank you

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Customer: replied 11 months ago.
Thank you
Customer: replied 11 months ago.
Sounds expensive and difficult to prove.

Constructive dismissal can be difficult as the burden of proof of proving there is a case rests with you. However, before a person can make a claim in the employment tribunal, they would be required to participate in mandatory early conciliation through the Advisory Conciliation and Arbitration Service (ACAS).

The purpose of this process is to allow ACAS to mediate between the claimant and respondent to agree on an out of court settlement in order to avoid the need for legal action in tribunal. The respondent does not have to engage in these discussions, or if they do and the talks are unsuccessful, the claimant will be issued with a certificate allowing them to make a claim.

However, if a settlement is reached, the claimant would agree not to proceed with the claim in return for the agreed financial settlement. Other terms can also be agreed as part of the settlement, such as an agreed reference.

To initiate the conciliation procedure ACAS can be contacted online by filling in the following form (https://ec.acas.org.uk/Submission/SingleClaimantPage), or by phone on 0300(###) ###-####

Customer: replied 11 months ago.
Many thanks

You are most welcome