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Thomas
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7509
Experience:  BA (Hons), PgDip, Practising Solicitor
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In short I have a serious issue developing at my current place

Customer Question

In short: I have a serious issue developing at my current place of employment. I was hired approx 8 months ago as a commercial director for a company and promised various tools to enable me to do my job. Subsequently I created a presentation that was approved by the board and I then moved to present to clients who supported me due to my strategy. Since then Not one of thing that I have asked for has been approved which has put me in a position that I can not do my job. The reason for this is that there is political un rest between the two partners who hired me.I have recently begun to feel as though this is being done on purpose in an attempt to force me to leave the company. This has now started to effect my health, I can not sleep, I am becoming irrational and HIGHLY stressed by all the event that are taking place. Legally where do I stand?
Submitted: 7 years ago.
Category: UK Law
Expert:  Thomas replied 7 years ago.

HelloCustomer

 

It sounds as if you are approaching the point of "constructive dismissal". This is where although your employer has not formally dismissed you they have committed a "repudiatory" breach of an express or implied term of your contract (breach of trust/confidence: not giving you adequate support, not giving your ideas a fair hearing, not giving reasons/explanation for their refusal to support your ideas). This would allow you to treat the contact as discharged and resign. You would then be treated as being "dismissed" for employment law purposes.

 

However, you must have been employed for one year before you can could bring a claim for unfair dismissal. Until you have reached one years' service you would not be able to bring a claim for unfair dismissal against your employers. The event that you held to be unfairly dismissed then you may receive a standard award based on your weekly wages and your time at the company as well as possibly a compensatory aware including loss of earnings, future loss of earnings (until you are well enough and find new employment)

 

In the meantime, you should go to a doctor and tell him that you are feeling very stressed because of your work. Get the doctor to provide you with a note that says you came to see him because of the stress you are suffering at work. This will help you in the event that you choose to pursue an unfair dismissal claim. You should also make a retrospective diary (including relevant emails and correspondence) of the occasions where you considered your employer has mistreated you. Again, this will help is you choose to pursue a claim.

 

You could consider raising your concerns at the way things are working out in a grievance procedure with your employers under Employment Act 2002(EA2002) . Search online for Part 2 of Schedule 2 of the EA2002 to find out this step by step process. This may help the situation, or it may buy you some time (not four months time, but perhaps 3-4 weeks) and it adds credence to your unfair dismissal claim should you eventually make one.

 

Once you have passed your one years service (if you think you can stick it out) ,you should go and see a local employment solicitor and ask for a fixed fee consultation.

 

If you do not make it past your 1 years service you are only left with the option of pursuing a claim for wrongful dismissal under contract law which is much less preferable than under the employment statutes described above.

 

A difficult situation, I do sympathise.

 

If this has been useful please kindly click accept so that I may be rewarded for my efforts. You will be free to ask follow-up questions.

 

Kind regards,

 

Tom

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Expert:  Thomas replied 7 years ago.

DearCustomer

 

Thank you for accepting my message. I meant to add a caveat to my answer before I posted it. Should you wish to bring a claim for constructive dismissal you MUST have followed the statutory grievance procedures I referred to in my original post.

 

I would again re-iterate that you should familiarise yourself with the statutory grievance procedures referred to in my originals post.

 

Kind regards

 

Tom