Before I resign, should I go to solicitor, HR advisor or someone else?

[HereWeGoAgain13]

I am employed in England.

My job is unsatisfactory. Main issues are excessive workload and resultant stress - employer is aware of this. It has gone on too long. I have got to the point where I feel my only option is to resign. If I don't resign, I risk getting ill.

Before I resign, I'd like advice to put me in the best possible situation, e.g. as I feel I am being forced out, I'd like an exit payment. Would you go to an employment solicitor, an HR Advisor or someone else? If HR Advisor or someone else, what job title should I put in my internet search?

I don't really have time to seek advice, I'm always working. But I do need to make time for it.

I am resisting the urge to submit my resignation tomorrow.

Thank you

Go off long term sick and then try for constructive dismissal?

How long have you worked there?

how is your situation different to the thousands of people who resign every day because they don’t like their job?

Is your workplace unionised? If so I’d ring them for advice, then if you need legal representation, they can provide someone.

Have you raised a grievance? Do you have evidence they're aware of the impact the workload is having on you? Or is it a case of, this job is shit, I want to resign and get some extra money?

Perhaps give more detail as to why you feel it’s constructive dismissal and what evidence you have?
You would need an HR law solicitor.

You could try raising a grievance highlighting the impossible workload that is now affecting your health and the lack of support from your manager.

The best outcome would be a financial settlement agreement.

Or go off sick if you are struggling with your health and take the time to recover and look for a new job.

I assume you've raised the excessive workload with your manager - what did they say? That's going to br key if you talk to a union or solicitor- what have you done do far to try to resolve this, and what was the outcome?

I'd probably just look for another job. Do you have savings so you can afford not yo work for a bit? It's a tricky market out there currently.

15+ years

I agree, many other people could be in similar situations.

My role does not exist anywhere else within commutable distance. I am not suited to remote work, it depresses me. I will need to change job role and take a huge pay cut to stay local. It is not acceptable, to me, if my employer's unwillingness to help manage my workload forces me to relocate me and my family in order to prevent me getting ill.

ACAS can advise you on how to get a constructive dismissal payment either through an employment tribunal or with the settlement agreement.

You can’t cope with the job, why would they give you a payout? Unless there’s a lot more going on I’m not sure this is constructive dismissal.

I cant put my finger on it but this is a very strangely worded post.

You've done it for 15 years yet are "unsuited for work"?

There is NO other equivalent job in a 1 hour driving radius?

Look you can ask for "a conversation without prejudice" and say something like "this isnt working for me, and i dont think its working for you - it might be best if we part ways".
I think you are highly unlikely to get a payout based on my experience and industry but if you have time and are qutting anyway go for it.
Constructive dismissal is hard to prove and a stressful process (which you seem to want to avoid) so a poor choice imo...

Whats your plan to feed and house yourself after you've quit? Will you retire early?

Wrong. If they are giving an unmanageable workload with unrealistic targets to force someone out then it very much is a constructive dismissal. They have constructed the situation to lead to someone leaving.

Go off sick with work stress and get this confirmed with your doctor. That’s the start. Then start a complaint. They’ll settle to get rid of you. You may be a good worker or a chancer, who on here knows, but either way they’ll want you gone.

Why not just ‘quietly quit’ where you do your strict 9-5 hours and do the bare minimum- if you get put on a performance review you can outline what you do in a day minute by minute and it will be clear you are working at capacity. If they then try to discipline you then you will have strong grounds for a tribunal or such. Your employer might be giving you an unreasonable workload but you don’t have to let yourself get burnt out by it..

Talk to your union. If you’re not a member then they aren’t likely to help as you will need legal advice even if it is to look through a settlement agreement (if you got to that position).

you won’t get a settlement agreement as it stands. You need to show that they have behaved badly and that a threat of constructive dismissal has some legs if it went to tribunal. You don’t get a payout because (on the face of it) there’s lots of work and you don’t like it.

at the very least there would need to be a grievance but I’m not sure that would get too far if you haven’t been off sick with work related stress. You would also need to give them the opportunity to rectify it. Do they have a stress policy? Have you a stress risk assessment? Have they implemented the mitigation measures? Have you documented conversations or annual appraisals where this has been raised?

acas will give you information about process but they do not advocate for you or give you specific advice. They will mediate with your employer and you as part of a process.

also don’t think you would get thousands and thousands…

Thank you for all the replies.

My situation is not unique.

I can't guarantee if it is constructive dismissal but I would like to know. Thank you for the recommendation to go to an employment solicitor or ACAS. I am not in a Union

My boss and another senior colleague are aware of excessive hours and that is affecting my stress levels and sleep. They acknowledge it is difficult but also do not have a solution other than it might improve in future and that I shouldn't do extra hours and instead should let things go wrong. So, their general approach is "just get on with it". My boss has told the head of department.

HR is informally aware but not of the fine detail.I have not raised a formal grievance.

I am not keen to get to the stage of long term sick leave. It is not got for me, and not good for the employer. It is better for everyone if I leave in a reasonably positive manner.

A HR advisor works for the business, so they'd be the one advising your management about reaching an agreement, they wouldn't be advising you.

You need a solicitor, though you're going to need some evidence or why would they agree to a settlement?

Also a union

They acknowledge it is difficult but also do not have a solution other than it might improve in future and that I shouldn't do extra hours and instead should let things go wrong

Why on earth are you not following their advice then, you are choosing to make yourself ill and stressed over this. If things go wrong due to the workload then the people higher up will have to take action. By you working yourself into the ground you are basically ensuring things won’t improve.

Also key thing to remember is HR is there to look after the interests of the company, not the employees.

Definitely raise a grievance then

My boss and another senior colleague are aware of excessive hours and that is affecting my stress levels and sleep. They acknowledge it is difficult but also do not have a solution other than it might improve in future and that I shouldn't do extra hours and instead should let things go wrong. So, their general approach is "just get on with it". My boss has told the head of department.

Meeting with your boss. Take a list of things you have been asked to do as part of your role with estimated times.

Ask them to prioritise them with you, as not everything will get done.

Then drop what is lowest on the list.

(Edit) why are you not listening to them about letting things go wrong? Don't be a martyr, you'll be replaced if you leave, possibly with 2 or more people.

My role does not exist anywhere else within commutable distance

You'll need to look at moving then.

Raise a grievance and stop doing the excess work.

Presumably the workload has built up over time. Have you challenged this within the appraisal system? You could raise a grievance or request a formal review of your role vs. Job description. Do you have access to occupational health support? It is unlikely to be constructive unfair dismissal unless you follow the complaint and support processes.

Is your type of job suited to hybrid working, with some office/site attendance? It is somewhat melodramatic to suggest you cannot find alternative work and need to relocate, you will have transferrable skills and might need to look further afield but still be commutable. Lots of people have to retrain or move into different sectors during their career and change how they manage work/life balance and childcare. That in itself will not support a claim.

But they have told op to drop what can't be done.

Why on earth are you not following their advice then, you are choosing to make yourself ill and stressed over this. If things go wrong due to the workload then the people higher up will have to take action. By you working yourself into the ground you are basically ensuring things won’t improve.

Thank you. I see your point.

I do the extra due to professional pride and my professional duty of care to the company.

Sounds like if your boss has said don’t work extra hours and let it go to shit then they know you are overworked but they cannot do anything about it. They know you need more staff but the bosses above them won’t agree to hire more staff. So why not do that. Go into work do your job for your contracted hours and then leave for the day. No point in making yourself ill over it.