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Ben Jones
Ben Jones, Solicitor
Category: UK Employment Law
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Experience:  Expert in UK Employment Law
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Due to an issue of being managed out of the business and seeing

Resolved Question:

Due to an issue of being managed out of the business and seeing evidence to that effect, I have obtained legal advice and have been told I should resign "with immediate effect".
I am currently on my 6th week of sick leave with "work related anxiety" caused by the situation and have been signed off for another 5 weeks but have been advised not to leave it until the end of this absence as it may affect a possible future case for constructive dismissal.
I want to confirm whether this would be my best course of action and what I need to include in my resignation letter.
Kind regards
Linda
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:

3 years and 2 months

Ben Jones :

Why exactly have you been advised to remain until the end of sick leave?

Customer:

I saw my doc on Fri 19 July and I was told I had to self-certificate for the first 7 days, which I did. I made a further appointment and was signed off for 4 weeks from Mon 29 July. My last appointment was on Wed 21 Aug when I was signed off for a further 6 weeks.

Customer:

My legal adviser said if would not necessarily be looked on favourably with an Employment tribunal if I left it too long before I resigned.

Ben Jones :

yes that is correct. If you are seeking to claim constructive dismissal, then you need to resign in response to the alleged breach by the employer and must do so without unreasonable delay. the more time that passes between the breach and the resignation, the more the employer could argue that the resignation was not in response to said breach and that could potentially affect your claim

Customer:

I was planning on handing in my resignation letter today, which will be six weeks from the start of my absence, as I don't want to prolong this any longer than is necessary. Do I need to outline the reasons for my resignation in the letter? Do I also need to include a line to say I am planning on taking a case for constructive dismissal? I just want to ensure I have included everything I need to.

Ben Jones :

Yes you do, this will already start the paper trail of evidence which you will rely on in tribunal - make it clear why you are resigning and what it is in response to. You can say you are treating yourself as having been constructively dismissed, but you do not need to mention that you will be claiming against them

Customer:

Thank you very much for your advice, I will prepare the letter.

Ben Jones :

You are most welcome. Please take a second to leave a positive rating for the service I have provided you with as that is an important part of our process. Thank you and all the best

Ben Jones, Solicitor
Satisfied Customers: 39029
Experience: Expert in UK Employment Law
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