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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 75915
Experience:  Qualified Solicitor
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My boss who is a woman came to my office to find out about a

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My boss who is a woman came to my office to find out about a disagreement i had wit another employee. We disagreed on several points and she lost her cool with me. She threatened to call the Police and tell them i was threatening and intimidating her. She picked up the phone to do this. She stopped when i pointed out there was a witness behind her who could verify that i had done no such thing. This really frightened me so i resigned within an hour or two of the incident. I did point out in my resignation e mail that i would be prepared to work on if it was in a way where this woman wouldn't have that kind of power over me again. However as she is the owner of the company it didn't get too far. Do i have grounds for constructive unfair dismissal? I do meet all the criteria with time served etc.
JA: Where are you? It matters because laws vary by location.
Customer: England
JA: What steps have you taken so far?
Customer: Done concilliation with ACAS. Got the certificate no. for Tribunal.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: There is obviously a bit more to it but this is basically it. There are other instances i could prove she has singled me out for different treatment than other employees with similar job.

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.

How long have you worked for this employer?

Customer: replied 5 days ago.
6 years
Customer: replied 5 days ago.
01252 680026 is landlines no. If you prefer

Unfortunately I am not available for a phone call at present. However, your request is open to all experts and if someone else is free they will call you. For now, leave it with me and I will get back to you with my answer as soon as I can, usually the same day. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Ben Jones and other Law Specialists are ready to help you

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 this situation and any associated issues.

This could indeed potentially amount to constructive dismissal, which 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).

So the baseless threats of making false allegations to the police against you can be used as a serious breach of trust and confidence, resulting in constructive dismissal. Obviously, until you have made a claim and a decision has been reached you will not know if you will be successful, but there are certainly grounds to justify making such claim.

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 5 days ago.
Thanks for the advice Ben. All the best to you.

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 to you too