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Ben Jones
Ben Jones, UK Lawyer
Category: UK Law
Satisfied Customers: 44880
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Of a business unit within an energy solutions business,

Customer Question

I am General Manager of a business unit within an energy solutions business, including heat pump and biomass technology, directly employing circa 20.
I believe that the Group the unit belongs to is dumping costs in to the business unit to improve the financials within other areas of the Group.
I have on two recent occasions challenged the numbers and received acknowledgement that the P&L reported is inaccurate. In both cases a further P&L was presented as 'correct' but again proved incorrect. The most recent explanations are becoming less and less believable.
I believe my position is untenable based upon inaccurate financial support and untrustworthy accounting practice. I intend to resign on this basis.
Do I have grounds based on the above and should state untenable and highlight lack of finance support and reporting practices within my resignation?
Submitted: 1 year ago.
Category: UK Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. How long have you worked there for?
Customer: replied 1 year ago.
2 years 9 month
Customer: replied 1 year ago.
I need to run an errand, I'll be back on line at 14:30GMT.Regards, Paul.
Expert:  Ben Jones replied 1 year ago.
Hello Paul, sorry I was offline by the time you had replied. You may resign at any time and for any reason you wish – the employer cannot refuse to accept your resignation. However, if you were to taker this matter further then you would be looking at a claim for constructive dismissal. 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 it, or its employees, have broken the implied contractual 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 and going through the process, 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 unreasonable delay so as not to give an impression that the employer's breach had 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 from the date of resignation to submit a claim in the employment tribunal.
An alternative way out is to approach the employer on a 'without prejudice' basis (i.e. off the record) to try and discuss the possibility of leaving under a settlement agreement. Under a settlement 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. In any event, there is nothing to lose by raising this possibility with them because you cannot be treated detrimentally for suggesting it and it would not be used against you.
Just to make a final, yet important point, that constructive dismissal can be a difficult claim to win as the burden of proof is entirely on the employee to show the required elements of a claim were present. Therefore, it should only be used as a last resort. However, you do not have to pursue this if all you want to do is to resign and leave this employer, which you can do at any time.
I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Customer: replied 1 year ago.
The above is what I understand. I would like an opinion on is the circumstances that lead me to believe that my position is untenable? If I describe the circumstances then can you consider and help with this?
Customer: replied 1 year ago.
Sorry, typed to quick...what I would like an opinion on is my circumstances that I believe justify an untenable position?
Expert:  Ben Jones replied 1 year ago.
That is for you to decide. It is not something dependent on a legal opinion. You know your job and what circumstances may make the position untenable. Also it is a subjective matter based on your personal position
Customer: replied 1 year ago.
I hoped that you would be familiar with enough or similar cases to have a view.
Customer: replied 1 year ago.
I have seen some other responses quote previous cases as examples.
Customer: replied 1 year ago.
Surely my personal circumstance is a basis for a legal consideration?
Expert:  Ben Jones replied 1 year ago.
Constructive dismissal does not really work by comparing past cases as the requirement is to show that your own personal circumstances had left you in a position where you had no other option but to resign. There is no case with the unique facts you are facing. It is a subjective issue, not something you go and compare to another case as each will be different. What may be a factor forcing someone to reign in one situation would not necessarily be relevant to another, even if the main facts are more or less the same. There are many other factors taken into account which makes each case unique, such as length of relationship, how long issues have been ongoing, status, actual effect of the actions complained of, attemots to resolve them, etc etc. So you certainly have a potential case but you will not find anyone to tell you that you are guaranteed to succeed if you were to claim or tell you that there is a previous case which is like yours and on which you can base your next steps. I am afraid it is how this area of law works.

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