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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 60451
Experience:  Qualified Solicitor
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I would like to claim against my company, the manager is

Customer Question

I would like to claim against my company, the manager is trying to make me get sacked he stopped me to do overtime for no reason and now I feel depressed and don't want to go back in work at moment I'm on sick for depression, can this be classed as oppression as the company keeps hiring agency workers and it's just getting us Senior operators really in pressure all the times.
Assistant: Have you discussed this wage-and-hour issue with a manager or HR? Or with a lawyer?
Customer: Not yet but I would like to do it as now I am really depressed with all this and been in the company 8 years.
Assistant: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: I need help with it please
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: I am a Senior Operator in Bolton Plastics company it's a moulding car parts company
Submitted: 5 days ago.
Category: Law
Expert:  Ben Jones replied 5 days ago.

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

Expert:  Ben Jones replied 5 days ago.

How long had you been doing the overtime for and did your employer provide no reason at all for not allowing you to work this anymore? Please can you also tell me how long you have worked there for?

Customer: replied 5 days ago.
I been off work for four weeks on sick and when I get back in work my attendance was really good but then he alleged that my attendance was not good meaning when I was on sick, I work there at 8 years and this just got me really depressed and don't want to come back as they will be opressing me as they are doing with the old staff.
I just need your help to claim against it please
Customer: replied 5 days ago.
Can we please talk in here because I don't have much money for a phone conversation due to be on sick pay which is not much.
Thanks for your attention
Customer: replied 5 days ago.
I would like you to get in touch with the company please as I am not in good mental health to do it at the moment.
Expert:  Ben Jones replied 5 days ago.

Many thanks for your patience. First of all, I cannot get in touch with the company on your behalf – we are just an online Q&A service so all I can do is discuss your legal rights and options on here.

Going back to your query, 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.

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.

It is worth mentioning that there is a possible alternative solution, where the employer is approached on a 'without prejudice' basis (i.e. off the record) to try and discuss the possibility of leaving under a settlement agreement. Under such an agreement, the employee gets compensated for leaving the company with no fuss and in return promises not to make any claims against the employer in the future. It is essentially a clean break, where both parties move on without the need for going to tribunal. However, it is an entirely voluntary process and the employer does not have to participate in such negotiations or agree to anything. It just means that these discussions cannot be brought up in any subsequent tribunal claim and prejudice either party. So there is nothing to lose by raising this possibility with the employer as the worst outcome is they say no, whereas if successful it can mean being allowed to leave in accordance with any pre-agreed terms, such as with compensation and an agreed reference.

Does this answer your query?

Expert:  Ben Jones replied 4 days ago.

Hello, I see you have read my response to your query. Could you please let me know if it has answered your original question? You can simply reply on here with a quick ‘Yes, thanks’ and I won’t bother you again. Thank you

Customer: replied 3 days ago.
Yes thank you
Expert:  Ben Jones replied 3 days ago.

All the best