I was delighted to assist a client who was experiencing difficulties at work. For more details about my client’s situation, please read on.
My Client’s Story
In spring of this year, I first spoke to my client during an initial free enquiry. Whilst we were speaking, she explained she was finding it increasingly difficult to be at work because of the way her employer was treating her. On the information she had disclosed to me, I also felt her employer was acting unreasonably and we arranged a Fixed Fee Appointment so I could advise her fully.
The Fixed Fee Appointment is great for all new clients. It allows you the opportunity to provide us with all the information we need to assist you, and you are safe in the knowledge that the price remains fixed irrespective of the duration of your appointment (more information on Fixed Fee Appointments can be found here: https://lincslaw.co.uk/fees/employees/ ).
Unreasonable Behaviour
My client explained she had been given an excessive amount of work for the last 18 months. She had continuously raised this with her employer, and it had even caused her to be signed as unfit to attend work by her GP. Disappointingly, however, when she returned to work her employer did not discuss why work had caused her to feel unwell and she was also horrified when she realised her work had not been touched during her absence.
Over the next few months, my client continuously reported her concerns to her employer. She explained she was struggling to manage the excessive workload. Sadly, her request for help was ignored.
By the time I met with my client she had experienced a string of issues. I agreed that her employer was acting unreasonably, and I explained she may have a future claim for Constructive Unfair Dismissal – if she made that decision.
Constructive Unfair Dismissal
Claims of this nature are difficult to pursue. I would always advise you obtain legal advice before you make the decision to resign. The reason why it can be difficult is that the Employment Tribunal will have the following requirements to succeed in this type of claim:
Length of Service
There are exceptions to the rule, but you usually must have worked for your employer for no less than two years.
Repudiatory Breach of Contract
You must submit your resignation in response to a serious breach of your contract by your employer.
Identify what the Breach of Contract is
Here you have to show that your employer’s conduct was unreasonable, and it must be a fundamental breach of your contract. For example, it could be a breach of an implied term of mutual trust and confidence.
Resign in Response
You must resign swiftly to the breach.
Internal Procedures
Do not discount the importance of internal procedures such as raising a Formal Grievance. A failure to use the internal policy before resigning can result in a reduction to compensation awarded to you.
Advice To My Client
I explained the above to my client and it was agreed I would firstly help her draft and submit a Formal Grievance. However, we agreed to also submit a Without Prejudice letter alongside her Formal Grievance. The Without Prejudice letter is a private document and where you can put forward an offer of settlement to the company in return for leaving your employment and waiving your employment law rights.
Outcome
It was not long until a good outcome was achieved for my client. She had engaged with the Formal Grievance for a while – which I supported, but within a couple of months an offer was received which was very good. In essence, my client was awarded six months’ salary, and she received a good reference. It has given her the ability to take time before she finds new employment.
She kindly sent me the following words at the conclusion of her matter:
“I just wanted to thank you for everything that you did regarding my employment situation and resolving it in my favour. Most of all I thank you for your understanding and empathy. Thank you!”
How Can Lincs Law Help You?
If you are facing difficulties at work, please contact us for a no obligation, free consultation. Simply use the contact form, engage in a web chat, email contactus@lincslaw.com or call us on 01522 440512 and we’ll be happy to help.
You can also find out more information by reading here; Resignation and Constructive Dismissal Claims – LincsLaw Employment Law Solicitors
Lucy Stones
Associate Employment Solicitor
Lincs Law Solicitors
Tags: constructive unfair dismissal employment tribunal fixed fee appointment free enquiry Lincs Law lucy stones settlement agreement without prejudice
