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.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 68299
Experience:  Qualified Solicitor
Type Your Law Question Here...
Ben Jones is online now

Regard my situation at work stay overworked stay denied

This answer was rated:

Hi regard my situation at work stay overworked stay denied promotion and training
Assistant: Where are you? It matters because laws vary by location.
Customer: London
Assistant: What steps have you taken so far?
Customer: I told them verbal always now I'm sick suffer from aniexiety and depression I'm under medication and therapy
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: Today the send me I grivence procedure on email but have meeting before with HR manager and stay very stressful for me I'm not fit to attend anymore any meeting is to hard for me

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

How long have you worked there for?

Customer: replied 1 year ago.
Ok thank you
Customer: replied 1 year ago.
Nearly 3 years
Customer: replied 1 year ago.
The company is very big
Customer: replied 1 year ago.
I ask for I settlement agreement and they refuse

Thanks and what do you specifically want to know about all of this?

Customer: replied 1 year ago.
I wont to go in court with them
Customer: replied 1 year ago.
Becuse they play the blind game
Customer: replied 1 year ago.
if I refuse to go grivence procedure what will happen
Customer: replied 1 year ago.
Becuse I told them verbally and they pretend nothing stay said

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. This is a term which automatically exists in every employment relationship. The conduct relied on could be a serious single act, or a series of less serious, but still relevant, acts over a period of time, which together could be treated as serious enough (usually culminating in the 'last straw' scenario).

Before constructive dismissal is considered, it is recommended that a formal grievance is raised in order to officially bring the concerns to the employer's attention and give them an opportunity to try and resolve them. However, this is not a legal requirement.

If resignation appears to be the only option going forward, it must be done in response to the alleged breach(es) (i.e. without unreasonable delay after they have occurred). Whilst not strictly required, a resignation would normally be with immediate effect and without serving any notice period. It is also 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 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.

Does this answer your query?

Customer: replied 1 year ago.
Constructive dismissal mean they can sack me without any payment towards me
Customer: replied 1 year ago.
I need to resign and after to go in court
Customer: replied 1 year ago.
Becuse this is what they wait

you have to resign and then make a claim because you cannot make any other claim whilst still employed there. SO it is a case if either being dismissed and claiming or resigning and claiming

Customer: replied 1 year ago.
But dismissed they dont have reason only long term sick

Have you been dismissed?

Customer: replied 1 year ago.
No but I return from sick 3 weeks ago and have meeting with HR regional manager I told her I'm discriminated and they breach the contract they use me and I different way by my contract and people ho bullied me stay promoted and transferred to cover up the wrongdoing

ok so that does not change anything in terms of your rights to claim, which is either on dismissal or resignation

Customer: replied 1 year ago.
The problem I make always grivence verbally and now they send me one in write wait their date I'm scare even to go at work

you need to raise a grievance in writing and if things are not resolved you have to decide whether it is worth staying there or if it is time to leave and claim

Customer: replied 1 year ago.
Not me them today they give me this grivence procedure but I have this aniexiety stay scare even outside to go and they know and push me to resign
Customer: replied 1 year ago.
I'm not able mentally again to attend this meeting

ok but there is not more I can suggest in terms of your legal rights - it is a case of raising the formal grievance and trying that or leaving or being dismissed and then claiming. That is your legal position. If you cannot attend a meeting then you can skip the grievance and consider the resignation if you cannot continue working there

Customer: replied 1 year ago.
Ok make sense thank you

All the best

Ben Jones and other Law Specialists are ready to help you