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Ben Jones
Ben Jones, Solicitor
Category: UK Employment Law
Satisfied Customers: 38341
Experience:  Expert in UK Employment Law
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Hi to make it short I went from being sacked on the spot by

Customer Question

Hi to make it short I went from being sacked on the spot by my manager with absolutely no disciplinary process to an informal warning after I appealed to her superiors, this treatment has damaged me badly and I have been on the sick for two months on diazepam, I have raised a grievance which included a lot of unfair treatment before the lynching I suffered a lot of it was rejected but it was upheld that the sacking was wrong and that I was being criticised in front of other people= bullying. they rejected the fact that another employee has told me I have been treated very badly since I have worked there but they did not interview him I have appealed the grievance decision and asked for compensation for stress and the regular increments that I have lost because I have had to sign off sick and a letter of apology as well as a bullying and harassment policy to be implemented, what are my chances and do I have enough to go for constructive dismissal as i am going to find it very hard to work with her I have my appeal hearing tomorrow-thanks
Submitted: 1 year ago.
Category: UK Employment Law
Expert:  Ben Jones replied 1 year ago.

Ben Jones : Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. How long have you worked there for?
Customer:

Hi Ben, iv been there nine years and seven months

Customer:

I have had one verbal warning in 2005 and one written in 2012 hope this helps

Ben Jones, Solicitor
Satisfied Customers: 38341
Experience: Expert in UK Employment Law
Ben Jones and 3 other UK Employment Law Specialists are ready to help you
Expert:  Ben Jones replied 1 year ago.
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Expert:  Ben Jones replied 1 year ago.
This could potentially amount to constructive dismissal, which occurs when the following two elements are present:
• Serious breach of contract by the employer; and
• An acceptance of that breach by the employee, who in turn treats the contract of employment as at an end. The employee must act in response to the breach and must not delay any action too long.

A common breach by the employer occurs when they, or their employees, have broken the implied term of trust and confidence. The conduct relied on could be a single act, or a series of less serious acts over a period of time, which together could be treated as serious enough (usually culminating in the 'last straw' scenario).

The affected employee would initially be expected to raise a formal grievance in order to officially bring their concerns to the employer's attention and give them an opportunity to try and resolve them. If the issues are so bad that the employee can't even face raising a grievance, or if a grievance has been raised but has been unsuccessful, then they can consider resigning straight away.

If resignation appears to be the only option, it must be done without undue delay so as not to give an impression that the employer's breach has been accepted. Any resignation would normally be with immediate effect and without providing any notice period. It is advisable to resign in writing, stating the reasons for the resignation and that this is being treated as constructive dismissal.

Following the resignation, the option of pursuing a claim for constructive dismissal exists. This is only available to employees who have at least 2 years' continuous service. There is a time limit of 3 months less a day from the date of resignation to submit a claim in the employment tribunal.

As an alternative to resigning, the employer may be approached on a without prejudice basis (i.e. off the record) to try and discuss the possibility of leaving under a compromise agreement. Under a compromise agreement, the employee gets compensated for leaving the company and in return promises not to make any claims against the employer in the future. It is essentially a clean break, although the employer does not have to agree to it so it will be subject to negotiation.

Just to make a final, yet important point, constructive dismissal can be a difficult claim to win as the burden of proof is entirely on the employee. Therefore, constructive dismissal should only be used as a last resort and all else fails.

I hope this has answered your query and would be grateful if you could please take a second to leave a positive rating. Your question will not close and I can continue providing further advice if necessary. Thank you
Customer: replied 1 year ago.


Hi Ben, just had my grievance appeal hearing, they seemed to scoff at my request for compensation as part of the resolution, I have lost money.


I may get an apology and a bulling and harassment policy implemented but do you think my request for compensation is reasonable?

Expert:  Ben Jones replied 1 year ago.
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