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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 75057
Experience:  Qualified Solicitor
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I find myself in a difficult situation at work where the HR

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I find myself in a difficult situation at work where the HR Dept of 1 appears to be making a constructive dismissal case against me. I work as PA to the Head of a Prep school appointed on 1 Dec 2017. I have not gone to work today due to stress. It is the first day I have not been at work since then and my record has been exemplary. I don't know where to start in knowibg my rights? Best, Helen
JA: Have you discussed the forced resignation with a manager or HR? Or with a lawyer?
Customer: My line manager is aware; it is the HR manager who is making this difficult and as yet no lawyer, but I suspect I will need one!
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: I am a full time employer. As an administrative worker, I am not a member if a union
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Thank you, ***** ***** hope so! I can't think of anything obvious.

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.

Please explain the situation in some more detail. What exactly has happened?

Ben Jones and other Law Specialists are ready to help you
Customer: replied 8 days ago.
I was requested to attend a meeting w our HR Marvel last Tuesday afternoon. With 30 mins warning, I asked why the need for the meeting (as PA to the Head our paths do not cross much). I was told this was about my methods of working which surprised me greatly. On arrival, the School Business Manager (Bursar) also in attendance. It was an unpleasant meeting in which I felt most uncomfortable and was left w a strong sense that my position was in question- the content of the points made were dubious and U feel there is a case of constructive dismissal being assembled.
A follow up meeting us scheduled for tomorrow w the same people. I would want to take someone w me but since I've been out for today, the colleague who had offered to attend has since suggested she cannot.

Hi there, as mentioned there is a possible alternative solution to this, which could avoid the need for legal action. That is where the employer is approached on a 'without prejudice' basis (i.e. off the record and with protection against these discussions being brought up in future legal proceedings) to try and discuss the possibility of leaving under a settlement agreement. This can be done by asking for a meeting, or it can be done in writing, via letter or email. Under a settlement 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 the Employment Tribunal. However, it is an entirely voluntary process and the employer does not have to participate in such negotiations or agree to anything. There is nothing to lose by approaching this subject with the employer and testing the waters on this possibility - 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.

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Customer: replied 8 days ago.
Thank you, ***** *****'ll give that more thought. It's a very useful suggestion. Thanks for your time. Elly

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

Customer: replied 2 day ago.
I am grateful for the support and advice provided by Ben this week but no longer require any further advice and request that I am not charged any further fees. Many thanks, Elly

Hello, I am just an independent user on this site, in the same way as you are, which means that unfortunately I have no involvement in the billing side of things. If you need to query anything to do with billing, charges or membership, you may be able to take certain actions by going to your account on this site. Alternatively, please contact the site’s customer service team directly. You can find their contact details by following this link:

Hopefully, they will resolve any issues you have to your satisfaction.

Customer: replied 1 day ago.
Thanks, Ben.

No worries