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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 61103
Experience:  Qualified Solicitor
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I recently migrated and encountered bullying by manager for

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Hello, I recently migrated and encountered bullying by manager for two days
JA: Was this discussed with a manager or HR? Or with a lawyer?
Customer: my manager is the bully
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: employee wit the nhs
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no

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

What do you specifically want to know about this, please?

Customer: replied 1 month ago.
Hi Ben, I would just like to know if it is possible to get out of my contract as it has been breached
Customer: replied 1 month ago.
the environment is not safe for me currently as I had to be placed on work related stress leave because of it

Do you want to leave with immediate effect?

Customer: replied 1 month ago.
Could that be done
Customer: replied 1 month ago.
I would just like to get out of the contract as well as they absorb all costs I would have to pay for leaving early

Does the contract penalise you in any way for leaving early?

Customer: replied 1 month ago.
Yes 100% which could be 10-15 thousand
Customer: replied 1 month ago.
I am on a 3 year contract

Have you actually raised it any higher?

Customer: replied 1 month ago.
I estimated as it would include my immigration visa, certificate of sponsorship, immigrant health insurance
Customer: replied 1 month ago.
Flight, OSCE exams, 1st month housing allowance
Customer: replied 1 month ago.
Administrative fees from the agency that recruited me

Have you actually raised it any higher up in the organisation?

 

Customer: replied 1 month ago.
One of my lecturers had to come and get me on the second day of incidents
Customer: replied 1 month ago.
I send an email to her giving a history of events for the two days
Customer: replied 1 month ago.
But I haven't gone in to HR as yet by now they would have received my sick note from the GP

Ok thanks. Whilst bullying is a serious issue which can happen in the workplace, I doubt you can just terminate the contract now and cancel all liabilities you have under it. To be able to do this, you must be able to show that there had been a serious breach of contract by the employer first. Generally, this would mean a serious failure by them to deal with the bullying issue and therefore breaching the trust between you and them. If this has only been happening for 2 days and the employer has not even been given a formal chance to try and deal with it, it is premature to try and cancel the contract at this stage. I am not saying that eventually it may not happen, but at this stage it is not going to be considered long or serious enough to do and you risk still being held liable to the terms.

 

Does this answer your query?

Customer: replied 1 month ago.
even if it makes me look incompetent and put patients at risk

you still need to pursue the dedicated internal complaints processes for that to start with rather than jump at cancelling your contract - nothing stopd you from leaving but do not expect an easy situation if they challenge you to still repay the costs under it

Customer: replied 1 month ago.
I understand where you are coming from Ben. So you are saying best bet pay whatever fees and just resign because I know nothing will be done. She has done it to many people previously and no one will go against her
Customer: replied 1 month ago.
The environment is quiet a toxic one

You are free to resign if you want, but I am just saying do not expect to be easily let off from the contractual liabilities- it is up to them whether they pursue you sand if so - how far

Customer: replied 1 month ago.
Ok even if I pay back whatever fees
Customer: replied 1 month ago.
They would pursue when it was their work environment led to me taking a month leave? So you are hinting that sick note is also of no help

if you pay back whatever you owe then there is no real issue, I meant if you walk away and refuse to pay

Customer: replied 1 month ago.
Oh no I just wanted to know what could be done in this instance actually.

I was looking at it from the point of the employer supposed to provide a safe and trustworthy environment and it isn't. As a new employee a lot of things has occurred to me that really made me not want to go back
Customer: replied 1 month ago.
thank u

Employers do indeed have such duties, but if everyone used the first opportunity to resign because of it then not many would be left.

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