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Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
Satisfied Customers: 47644
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I Took a grievance out against my line manager last year and

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I Took a grievance out against my line manager last year and it was partially up held.i returned to work after 6 months sick for acute stress reaction. When I returned very little changed and most of my work had not been completed. I've been very little shiven very little support and I have the same manager. My manager is very dishonest and I feel she I succeeding in discrediting me and I'm feeling in creasingly stressed and I have ibs. hr have told me I was appointed as a senior worker but my contract says otherwise. I can't carry on what can I do?

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
Customer: Its taken me a while getting back to you as I was so busy with work. Thanks for getting back to me. I've been with my current employer for 3.5 years.
No problem and that you for your patience too. 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 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
Ben Jones and 2 other UK Employment Law Specialists are ready to help you
Customer: replied 4 years ago.
Do they have an obligation to transfer me to another team? I didn't go into work today and I'm seeing my gp tomorrow. I do not feel fit enough to attend because of the issues and my loss of confidence in my job. I book leave for a trip abroad for three days am I ok to travel whilst off sick?
There is no strict obligation to transfer you but if that is an option and a vacancy exists, it would be seen as a reasonable thing to do in order to try and assist you and to reduce the effects of any bullying or animosity within the team.

As to taking a holiday whilst off sick, there is no legal requirement for you to stay at home and not go away. This will only be an issue if by ding so you raise suspicions about the genuineness of your absence.