- May 5, 2024
- Posted by: legaleseblogger
- Category: Related News
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## Introduction
Hello community! This is an employment law query based in England. I have been working full time for a company for a little under two years.
## Background
I returned to work after mental health leave and started phasing back in with the help of doctors and the workplace. At the beginning of my phase-in, the occupational therapist advised me to put together a care plan which identified my registered mental health disability.
Recently, I have noticed a strange change in behavior from my manager over the past two weeks.
## Situation Recap
During a performance review, I was surprised to find that my scores and feedback were based on my limited hours during the phase-in period, despite performing well before my sick leave.
My manager suggested that I would be better off in another team and even mentioned that I could explore opportunities elsewhere in the company. Subsequently, I was pressured to send a resignation email by the end of the day.
## Seeking Advice
I am uncertain about the situation and feel like my mental health condition is being discriminated against. I believe I am protected by the Equality Act and have shown interest in internal moves.
## How AI Legalese Decoder can help
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****** just grabbed a
Unless they’re offering £’000s as an incentive do not resign.
On Tuesday speak to ACAS.
That email he sent, print it and email it to your personal email account.
Recall the conversations had with any quotes if possible.
Do not resign.
I would think they’re misinformed that you couldn’t go to tribunal under two years when you can for protected characteristics.
Advise in email you have no wish to resign. End of.
Don’t resign. Just do not do it.
Keep records of the emails. Screen shot them and email it to your own personal email address. You can save the email as a file too. If you can remover the conversation, write it down. Please record the conversations next time. You can get a dictaphone and your phone on loud speaker for it.
It looks like disability discrimination and constructive dismissal tbh.
You need to contact ACAS asap. It’s also worth dining an employment lawyer too. Legal aid should be available.
Also join a union.
Your manager likely set you up for it by telling them you want to move jobs. Email HR without your LM and say that you weren’t comfortable with the conversation and hadn’t actually agreed to move roles and you aren’t comfortable with the process outlined. Depending on the reply you may want to put in a grievance about the handling of it.
You need a solicitor if they don’t back down and its worth speaking with ACAS, if you aren’t in a union its worth asking for someone to come along to meetings so that things are clear.
Email them immediately :
” i have been told that i must email in my resignation and have been put under pressure to ensure that i do so. At no point have i indicated that i wish to do so and so DO NOT wish to hand in my resignation”
Theyre being dodgy trying to make it look like you wanted to quit , theyre trying to dodge the bullet of protected characteristics. DO NOT RESIGN
Sounds like constructive dismissal? Are you in a union?
Do not resign.
Collect all emails/evidence and send to personal address. Write down as much of conversations as you can, dates and times included.
Contact ACAS.
I suspect they will confirm this sounds like a blatant case of forcing you out due to mental health. Even if they now decide they have another reason and fire you they’ve tipped their hand. You probably won’t be able to return there in the long run but should be able to pursue it legally for compensation while you look for work.
Your employer can’t force you to resign. They can dismiss you, but they can’t force you to resign.
He’s thinking if you resign, you can’t sue them.
Wrong.
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ER Manager here: Under no circumstances should you resign. Instead, send them a ‘Without Prejudice’ offer on Tuesday, asking for an amount equivalent to six months of your salary, free of tax and NI deductions, plus PILON.
Otherwise, allow them to dismiss you, and then bring a discrimination case.
Unless they’re offering you some severance package, don’t resign. How little is ‘a little under’ 2 years?
Do you actually have a protected characteristic.
It’s an important definition. If so great. If not start looking for a new job as they’re likely getting rid of you.
Was the mental health leave related to stress from the role? Just trying to work out why they want you to switch rolls internally if you were achieving well and had good scores.
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