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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: UK Employment Law
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Experience:  solicitor
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Hi I have an issue with my employer which has ended in me

Resolved Question:

Hi I have an issue with my employer which has ended in me walking out of the office and I do not know which way to turn for advice.
Submitted: 2 years ago.
Category: UK Employment Law
Expert:  UKSolicitorJA replied 2 years ago.
Hello,

How long have you been employed for and what is your query please?
Customer: replied 2 years ago.

I have been with the company 10 years plus my line manager is happy with my work but the MD keeps asking him to have a word with me as people are saying I am being unhelpfull


 


I used to be th MD;s PA but my role was taken over when I was on holiday two years ago with out notification ... only by email on my return but had been distributed to all other employees before me.


 

Expert:  UKSolicitorJA replied 2 years ago.
Thank you.

What do you wish to know please?
Customer: replied 2 years ago.

I want advise on what I need to progress the situation and If Im not satisfied with the outcome from my employers what i need to do next.

Customer: replied 2 years ago.

Hello ??

Expert:  UKSolicitorJA replied 2 years ago.
Hello,

Sorry, I was offline.

If you wish to return back to work, you should discuss the issues that you are having by way of making a formal grievance and your employer will need to go through a grievance procedure with you. See here:http://www.acas.org.uk/index.aspx?articleid=1670

If you do not wish to return to work, you may try and reach an amicable settlement on a leaving package for you perhaps through a compromise agreement whereby your employer pays you a sum of money in return for you not making any claims against them.

If you are unable to reach a compromise with your employer, you could look into making a constructive dismissal claim if your employer has acted unlawfully. To pursue a claim for constructive dismissal, you will need to demonstrate that your employer committed a serious breach of your employment contract, which you did not accept forcing you to resign as a result thereof.

You will need to show that the dismissal was unfair or wrongful.

 

Common grounds for unfair dismissal are based on:

 

  • gender;
  • pregnancy, maternity, or paternity;
  • marital status;
  • family ties;
  • race;
  • age;
  • disability;
  • membership or non-membership of a trade union;
  • assertion of a statutory right;
  • whistleblowing;
  • industrial action;
  • jury service;
  • activities as an occupational pension scheme trustee; or
  • health and safety.

Normally a claim must be brought within three months of the last day of employment, counting the last day of employment as the first day of the three month period.

 

 

Proving wrongful dismissal simply requires you to show that your employer breached a term in your employment contract, which resulted in dismissal or forced you to leave.

 

You may file a claim for wrongful constructive dismissal either in the civil courts or in an employment tribunal. But you can only claim unfair constructive dismissal in an employment tribunal.

 

The time limit for filing a claim with an employment tribunal is the same for both unfair and wrongful constructive dismissal -- within three months of your last day of employment.

As stated above, however, you can pursue your claim for wrongful constructive dismissal either in the civil courts or an employment tribunal. The time limit for filing in civil court is much longer -- she has six years from the date of dismissal.

 

To start an action against your employer, you will need to file a statement of claim. This is a written statement, which contains basic information about you and your employer (e.g.names, addresses, and the dates employment began and ended), and allegations of fact which support your claim of constructive dismissal. If you lodge a claim with an employment tribunal, you will also need to complete and file ET1 form.

 

You may be able to get a lawyer to take her case on a no win no fee basis.


Hope this helps, please leave feedback







UKSolicitorJA, Solicitor
Satisfied Customers: 3937
Experience: solicitor
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