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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 75168
Experience:  Qualified Solicitor
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I recently left a job as I had been discriminated against

Customer Question

Hi, I recently left a job as I had been discriminated against and felt as though I had no option other than to leave. I am now being chased for payment of a course they paid for, but I'm unsure about paying it - if I hadn't been treated so awfully I wouldn't have left?
JA: Where are you? It matters because laws vary by location.
Customer: Leicester
JA: What steps have you taken so far?
Customer: I went to HR to discuss the discrimination before I left, but I didn't take it any further as I only had a week left with the company by the time I had my meeting
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I don;t think so
Submitted: 20 days ago.
Category: Law
Expert:  Ben Jones replied 20 days ago.

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

Expert:  Ben Jones replied 20 days ago.

How long have you worked there for? Please note this is not always an instant service and I may not be able to reply immediately. However, rest assured that I am dealing with your question and will get back to you as soon as I can. Thanks

Customer: replied 20 days ago.
I worked there from December 2016 to February 2021
Expert:  Ben Jones replied 20 days ago.

Many thanks for your patience, I am pleased to be able to continue assisting with your query now. First of all, I am sorry to hear about the issues you have experienced in your situation.

Your main argument here would be that you were constructively dismissed. This occurs when the following two elements are present:

- A 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 an implied term, of a contractual nature, which automatically exists in every employment relationship. It is there to ensure that the employer and employee treat each her fairly and reasonably. The breaches that could qualify could be a serious single one, or a series of less serious, but still relevant breaches over a period of time, which together could be treated as serious enough (usually culminating in the 'last straw' scenario).

Constructive dismissal has the effect of voiding the whole contract between you and the employer because they have acted in serious violation to start with and that breach voids the contract, allowing you to leave as you are no longer bound by it. So you would be arguing that the repayment clauses, which formed part of the contract, are now also void as a result.

Unfortunately there is nothing stopping the employer from taking this further as each side has their own argument they are free to pursue. However, if they do, the above is your main defence.

Customer: replied 20 days ago.
Thanks Ben, I really appreciate the advice!
Expert:  Ben Jones replied 20 days ago.

You are most welcome. If you have any further questions about this, please do not hesitate to get back to me and I will be happy to help. All the best