UK Law

Get UK Law Questions Answered by Verified Experts

Ask an Expert,
Get an Answer ASAP!

UK Law

I'm Matt. I need advice on wether I have enough grounds

Customer Question
Hi I'm Matt. I need advice...
Hi I'm Matt.
I need advice on wether I have enough grounds to make a claim for constructive dismissal.
I have no support from superiors, union or HR have various issues unresolved and its making me very ill.
I feel I'm being pushed out of the company and being penalised for following, promoting and enforcing company policies and procedures including H&S which I am passionate about being a H&S rep.
Too many accounts of bullying by colleagues and managers/ supervisors.
Yet have found myself more recently being accused of bullying in a counter-grievance to a formal complaint I made regarding a bully andu nion safety rep who didn't apply his responsibilities and subsequently put my safety and wellbeing at risk.
I have nowhere to turn, no idea what to do. Please help.
Submitted: 2 years ago.Category: UK Law
Show More
Show Less
Ask Your Own UK Law Question
Answered in 15 minutes by:
5/20/2015
Solicitor: Ben Jones, UK Lawyer replied 2 years ago
Ben Jones
Ben Jones, UK Lawyer
Category: UK Law
Satisfied Customers: 49,091
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Verified
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. How long have you worked there for?
Ask Your Own UK Law Question
Customer reply replied 2 years ago
Hi Ben.
7.5 years
Solicitor: Ben Jones, UK Lawyer replied 2 years ago
Ok thanks leave it with me please I will get back to you today with a full response
Ask Your Own UK Law Question
Customer reply replied 2 years ago
There's a lot going on in work and I have raised a further 6 formal grievances this year alone. For various things.
One of them was in relation to an accusation of being responsible for a huge customer complaint. I wasn't guilty and stood my ground. However, after 3 investigatory meetings I was told by my manager that he was "pushing it for a disciplinary". A week later I was off sick from stress at work.
I was off for a month and only returned because they stopped communicating with my regarding it, as I had been asking for the paperwork and hearing date which had been promised for around February 17th 2015.
Nothing has come of it since, despite my requests.
My manager, who is a bully, attempted to put my on counselling for the complaint but I strongly said I wouldn't because I am not guilty not responsible.
There's just so much going on.
I'm somewhere inbetween giving up, and seeing how much more I can take.
My life is suffering and I'm not the same person I used to be.
Solicitor: Ben Jones, UK Lawyer replied 2 years ago
Thanks for your patience. 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).
In your case you may also be looking at a claim for detriment due to making a protected disclosure (i.e. whistleblowing). If you believe you have made a protected disclosure and as a result you are being treated detrimentally, that is when this is a potential protected disclosure claim (https://www.gov.uk/whistleblowing).
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. Also it is impossible to say what your prospects of success are as that requires a formal case analysis, something only a lawyer that sees you in person can do, although the costs for getting one done will be much higher as you can imagine. Nevertheless, if you were to claim initially you would need to use ACAS to try and agree a financial settlement with the employer so the risks of claiming are low until you decide to make a claim at tribunal, should these negotiations be unsuccessful. Only then would you have to pay any fees, until then the process, including ACAS negotiation, is free.
I hope this has answered your query. Please take a second to leave a positive rating, or if you need me to clarify anything before you go - please get back to me and I will assist further as best as I can. Thank you
Ask Your Own UK Law Question
Solicitor: Ben Jones, UK Lawyer replied 2 years ago
Hello, I see you have accessed and read my answer to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? I just need to know whether you need further help or if I can close the question? Thank you
Ask Your Own UK Law Question
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones
Ben Jones, UK Lawyer
Category: UK Law
Satisfied Customers: 49,091
49,091 Satisfied Customers
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'

Ben Jones is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks!

RickLeeds, UK

I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks!

Ms. BakerAlfafar, Spain

Thank you so much for your help. Your answers were really useful and came back so quickly. Great!

MaggieUSA

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!!

AlexLos Angeles, CA

Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult.

GPHesperia, CA

I couldn't be more satisfied! This is the site I will always come to when I need a second opinion.

JustinKernersville, NC

< Previous | Next >

Meet the Experts:

Ben Jones

Ben Jones

UK Lawyer

49,091 satisfied customers

Qualified Solicitor - Please start your question with 'For Ben Jones'

INC

INC

Solicitor-Advocate

3,868 satisfied customers

LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)

Jenny Mackenzie

Jenny Mackenzie

2,756 satisfied customers

Over 10 years experience in general legal matters

Matthew J

Matthew J

Solicitor

334 satisfied customers

4 y PQE (Partner) - Commercial / Residential Property & Property and Civil litigation experience

James Mather

James Mather

7,349 satisfied customers

Senior Partner at Berkson Wallace

Clare

Clare

Solicitor

9,490 satisfied customers

family solictor with 25 years experience

Thomas

Thomas

Lawyer

2,176 satisfied customers

BA (Hons), PgDip, Practising Solicitor

< Previous | Next >

Related UK Law Questions
Can I claim compensation from the police as i have been on
Can I claim compensation from the police as i have been on bail for 3 years and two months i have been notified that I can collect my property but not had an explanation that the case has been dropped… read more
Jamie-Law
Jamie-Law
5,374 satisfied customers
My friends mum is in her late 60s. She became a british
Hi my friends mum is in her late 60s. She became a british citizen a few years ago but to date she has never claimed any benefit or pension. Is she entitled to any benefit. She herself has no savings … read more
Michael Holly
Michael Holly
Bachelor\u0027s Degree
6,672 satisfied customers
My former employer (University in Uk) overpaid my severance
My former employer (University in Uk) overpaid my severance payment. I am Canadian citizen and since they forced me to resign I returned to Canada. I did not realize the former employer overpaid me an… read more
Ben Jones
Ben Jones
UK Lawyer
49,091 satisfied customers
I receive an income in the form of dividends from my
I receive an income in the form of dividends from my husband's business. Do I include this on the speeding fine means form when it is really his earnings not mine. … read more
Jamie-Law
Jamie-Law
5,374 satisfied customers
37 years ago I was arrested at Heathrow airport for
Hello. 37 years ago I was arrested at Heathrow airport for possession of 12 grams of marijuana. I went to court, paid a fine of 40 pounds and continued my travel. Back then I was an Austrian citizen; … read more
Ben Jones
Ben Jones
UK Lawyer
49,091 satisfied customers
A family agreed loan, which has no repayment time span, is
A family agreed loan, which has no repayment time span, is causing problems as one of the 2 creditors has had a stroke and is now subject to a Power of attorney who want to know how the debt can be pa… read more
Michael Holly
Michael Holly
Bachelor\u0027s Degree
6,672 satisfied customers
I was caught stealing from work and admitted everything and
I was caught stealing from work and admitted everything and gave all the items back. The police were still called and I was arrested on the day and the goods were recovered from my house with me coope… read more
Jo C.
Jo C.
Barrister
Master\u0027s Degree
37,622 satisfied customers
How do you get the opposing side to admit something so that
How do you get the opposing side to admit something so that you don't have to prove it in court ?… read more
LegalGems
LegalGems
Juris Doctorate
10,728 satisfied customers
It's really a simple question Someone wasted my time by
It's really a simple question Someone wasted my time by refusing to pay for items on eBay. I cancelled his purchase, then amended my listing to say "a time wasted by going by the eBay name xxx has jus… read more
Michael Holly
Michael Holly
Bachelor\u0027s Degree
6,672 satisfied customers
I ahve just had a phone call from a third party ppi claims
hi I ahve just had a phone call from a third party ppi claims company that i started with but they requested more information, so i decided to ring my bank and withdraw 3rd party authority on my claim… read more
Jamie-Law
Jamie-Law
5,374 satisfied customers
If a covenant restriction and / or lack of building consent
If a covenant restriction and / or lack of building consent was covered by an indemnity insurance 11-12 years ago at the time of purchase, should not a copy of the insurance have been passed to the ow… read more
Jo C.
Jo C.
Barrister
Master\u0027s Degree
37,622 satisfied customers
I am giving my son £750 per month as he is unemployed due to
I am giving my son £750 per month as he is unemployed due to being Epileptic and unable to get a job. Does he have to declare this money to the tax authorities?… read more
Jamie-Law
Jamie-Law
5,374 satisfied customers
I'd been arrested for having a knuckle duster in my bag and
I'd been arrested for having a knuckle duster in my bag and a very small hammer in the UK, I have had previous for weapons but none for 8 years. Could you tell me if Iam likely to go to prison. Many t… read more
Jo C.
Jo C.
Barrister
Master\u0027s Degree
37,622 satisfied customers
Jo, How are you today? I was given a parking ticket there
Hi Jo,How are you today?I was given a parking ticket there were no roadmarkings but a single sign at the entry point and one 30m to the front of my parked car.I appealed the ticket based on the above … read more
Jo C.
Jo C.
Barrister
Master\u0027s Degree
37,622 satisfied customers
Ben, I am dealing with this on behalf of a family member as
Hi Ben, I am dealing with this on behalf of a family member as she is very fragile with everything going on... i have attended meetings with her and have her full permission to do all i can to help he… read more
Ben Jones
Ben Jones
UK Lawyer
49,091 satisfied customers
I am completing an n161 in relation to an appeal for an
I am completing an n161 in relation to an appeal for an order made by a district judge at the family court regarding supervised contact being changed to indirect contact between mother and child I am aware I need to mention grounds of appeal on the n161 and that I should attach an explanation of these grounds on a separate sheet … read more
Clare
Clare
Solicitor
Bachelor's Degree
9,490 satisfied customers
If someone has been charged with burglary when they were
if someone has been charged with burglary when they were 17/18 and now 25 they have been charged with conspiracy to burgle on more then one property does it count as 2nd strike as its 2 charges or 3rd… read more
Jo C.
Jo C.
Barrister
Master\u0027s Degree
37,622 satisfied customers
I had a question about ivy that has gone over my fence and
I had a question about ivy that has gone over my fence and bridged a 4inch gap onto a neighbors garage. They are now claiming damage and trying to charge me. My question is if the structure is shown a… read more
Michael Holly
Michael Holly
Bachelor\u0027s Degree
6,672 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x