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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 61253
Experience:  Qualified Solicitor
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Do I have a case against my employer for causing my

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Do I have a case against my employer for causing my functional neurological disorder? I became ill once the new head master came into my school I worked. He changed working hours, sent horrible emails about what we should wear,. What we should talk about to our colleagues. He changed school holidays to fit in with Eid and it was different to my childrens school holidays. I had my sister's wedding booked and he wouldn't authorise it. I had to appeal, and he broke data protection regulations and belittled me which made my illness worst. I was diagnosed in November 2017 and haven't been back in work since sept 2018 and I still haven't had my stage 3 meeting to get contract terminated. Its still causing me stress and upset, I'm still getting work emails and now I'm unfit to work because of my symptoms.
Assistant: Have you discussed this scheduling issue with a manager or HR? Or with a lawyer?
Customer: Not about having a case no
Assistant: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: I'm still employed as a teaching assistant at Rochdale council. I have a union but he's useless
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: Ive been of sick properly for over a year and a half and I can't work because of the stress they caused and are still causing

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. Firstly, I need to ask some initial questions to determine the legal position.

How long have you worked for this employer and when did the new head start at the school?

Customer: replied 13 days ago.
I've been employed for 6 years he started in September 2016

OK thank you and what are you hoping to achieve?

Customer: replied 13 days ago.
Claim compensation for the way I've been treated, still being treated and causing my disability. I'm covered under the disability act now. They haven't tried to make any changes for me to return to work after the second time I went on the sick in September 2018

Thank you. I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Many thanks for your patience. If you wanted to claim for them causing you the illness then that would have to be pursued as a personal injury claim. This can be rather difficult in the circumstances, although not impossible. As the merits would depend on many detailed factors around what happened, you are best advised to consult a personal injury lawyer in person to have a proper case analysis carried out and see if there are prospects to take it further.

 

From an employment point of view, this would potentially amount to constructive dismissal, which occurs when the following two elements are present:

{C}· Serious breach of contract by the employer; and

{C}· 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?

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

Hello, not sure if you are having trouble seeing my posts? I have not heard back from you since posting my answer and just need to know if your query has been resolved. If you could please post a quick reply to confirm I would be very grateful. Thank you

Customer: replied 10 days ago.
Hi Ben

Yes thank you for your time and response. It was extremely helpful.

Sorry for not having a chance to reply earlier.

No problem at all and best of luck

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