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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 77857
Experience:  Qualified Solicitor
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Can i sue a company or place a complaint if someone has

Customer Question

can i sue a company or place a complaint if someone has overdosed at work and the manager is made aware however the worker is left with no choice but to still work
JA: The Lawyer can help you determine if you have a case. Where are you located? These laws vary by location.
Customer: jersey channel island
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: no
Submitted: 16 days ago.
Category: Law
Expert:  Ben Jones replied 16 days ago.
Hello, I’m Ben, a solicitor, and it’s my pleasure to assist you. I may ask for some preliminary information to help me determine the legal position.
Expert:  Ben Jones replied 16 days ago.

I understand you are concerned about the well being of a colleague at your place of work. Please provide some more details of what exactly happened and what your personal involvement is in this. Thank you

Customer: replied 15 days ago.
I am a supervisor at iceland and i overdosed at work due to mental health issues, my mum came into my work to check on me and called my manager asking if they could get someone in to cover and close the shop and told the manager why and what happened but he said he cant do anything and i was forced to work
Customer: replied 15 days ago.
i would just like to know if i can get them done in some sort of way
Expert:  Ben Jones replied 15 days ago.

OK I understand and I am sorry to hear this. Can I just check if you had informed your manager of your well being on that day at all?

Customer: replied 15 days ago.
after it had happened my mum was made aware by my boyfriend, my mum had callled my manager and told him what i had done
Customer: replied 15 days ago.
he was aware of what happened
Expert:  Ben Jones replied 15 days ago.

OK thank you. Can I also just check how long you have worked there for?

Customer: replied 15 days ago.
i joined in august 2019 full time but im only part time now, i just work sundays only
Expert:  Ben Jones replied 15 days ago.

Thank you. So that I can best advise, what are you ideally hoping for, given the circumstances?

Customer: replied 15 days ago.
id like to put a complaint in, but not sure how far i can take this
Expert:  Ben Jones replied 15 days ago.

OK I understand and thank you for providing this information. Please do not worry and leave it with me for now. I will get back to you with my full reply on here; usually the same day. The system will notify you when this happens. Many thanks.

Customer: replied 15 days ago.
okay great thankyou
Expert:  Ben Jones replied 15 days ago.

No problem at all. I will get back to you at the earliest opportunity. Many thanks

Customer: replied 15 days ago.
okay great appreciate it
Expert:  Ben Jones replied 15 days ago.

Many thanks for your patience, it is appreciated. I am now pleased to be able to provide further assistance with your query. First of all, I am sorry to hear about the issues brought up by this. It must be a frustrating situation to be going through.

The most likely way to take this further would be through a constructive dismissal claim. 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).

Before constructive dismissal is pursued, it is strongly 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, so as not to give the impression that these breaches have been affirmed). Whilst not strictly required, a resignation would normally be with immediate effect and without serving any notice period. The reason is that the whole argument would be that things had become so bad that the employee cannot even continue working there a day longer. It is also advisable to resign in writing, stating the reasons for the resignation and that the whole situation is being treated as constructive dismissal.

Following the resignation, the option of pursuing a claim for constructive dismissal exists and you can do that in the Tribunal.

It is also worth mentioning that 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 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.

Please follow this link to JACS for some more general information about constructive dismissal:

Expert:  Ben Jones replied 15 days ago.

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.

Expert:  Ben Jones replied 15 days ago.

I trust that everything has now been dealt with to your satisfaction and your original question has been resolved. If you have any further queries about it, please do not hesitate to get back to me on here. In the meantime, I wish you all the best.