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

Thank you everyone. Your thoughts are helpful and give me something to think about before I do or so not contact a solicitor.

I'm disappearing for the morning now, so won't be commenting.

Then I'm sorry but you have no chance of a successful constructive claim. Your boss has told you to just do what is possible, it's your choice to go above and beyond.

So youre proud to be trying to get everything done even though its making you ill?

Is there a special reason that you must do all of this? I work with someone like this, shes balancing so many plates they're crashing around her, home life is suffering, health is suffering.

She's going to crash and burn, because she won't let go of anything, we are talking basic admin jobs, when she is a senior manager, because she won't let it fail.

What happens? Business thinks everything is ok, Anne has got it under control, then Anne is a bit shit, because her job isn't getting done properly, then Anne gets sacked for being shit at her job (which to be honest, if she can't let go of things and do her own fucking job is her own fault. Im out of sympathy)

It would be worth just working your official hours and ignoring all emails and phone calls outside of those. Log the work you are doing to justify your time. If things go wrong or get missed tell boss you need to know exactly what to prioritise as you cannot do it all. Use the time saved to look for another job. From what you have said it would be hard to prove constructive dismissal. The tribunal process is long and stressful.

Let it all fall over. Forget your professional pride - your employer doesn’t care about that. Don’t make yourself ill over a job or give up your financial security because of poor management. Take a week or two off and go back with a different mindset - just do the tasks that are able to be achieved in a working day and pass each incomplete task back to your line manager.

I think with constructive dismissal you have to raise a grievance whenever the triggering thing happens and leave soon after. If you are seen to moan about something and just carry on, then it's not that bad. But read about it, talk to ACAS, even ask chatGPT. Gather evidence, then either pull back on work, do the grievance and constructive dismissal, or simply resign.

You have no grounds for a grievance or a constructive dismissal claim. You have correctly raised the matter with the boss. He has said don’t do it, you’re not expected to do that, or whatever it is he has said. Therefore the company aren’t giving you an unrealistic workload. You’re the one choosing not to do as you were told.

In that case, ensure you have it in writing (you can always send the email to managers / HR) that you are confirming what they have advised re. no working extra hours & letting stuff go wrong - they can always risk assess or inform you of their priorities- and do just that.

Are you registered with a professional body? Can you ask them for advice?

I think there’s still a bit of context missing here OP.
you say you have been there more than 15 years. Has this always been the case that you are overworked? If so, why has this not been addressed before now?
is this a more recent thing? If so, how come? Has someone left and not been replaced? Has your job description changed?
has something happened in your own personal circumstances that makes the job more difficult?
it’s hard to know if you are being unfairly treated without a bit more explanation

I get where you’re coming from but you’re creating your own stress.

How can you claim constructive dismissal when your boss has told you to dial it back?

You either stay and work as your boss has told you to, or you leave.

Please people join a Union. (Even if your workplace is not going to recognise it. ) Unions have seen it all before and have the experience to give you realistic advice and moral support (plus probably all sorts of other benefits like free will writing etc.) Once you are in a vulnerable position it's too late as no union will act for you if you are not already a member.

Phone in sick on Monday - you can self certify as sick for 7 days before needing a sick note from a doctor. Which you could almost definitely get for stress.

Also on Monday, make an appointment with a solicitor who specialises in employment law. Find out your rights before taking the drastic step of resigning.

You need a solicitor specialising in employment law. The stage you’re at (I.e before having raised a grievance etc) is a great time to seek advice because the solicitor will help manage you through what you should do and what your responses should be. The earlier you take advice the better - don’t try and bodge your way through it because you might say something that unknowingly jeopardises any claim you might have.

Agree with this. In a sense, you are actually making the situation worse - because you step in as the hero who saves the day time and time again by working far more hours than you should, your boss actually doesn’t have much leverage with management to say “this isn’t working, we MUST hire another employee to share the workload because things aren’t getting done”.

Do what your boss is telling you to do - work out what’s most important, do that first, and then don’t do the rest. Just make sure you have a really good paper trail with your boss and other employees: “dear boss, this week I was asked to do, A, B, C, D and E, unfortunately A and B took all week so I haven’t been able to do C, D or E, even though I did a bit of overtime to try to fit more in.”

Also @HereWeGoAgain13 never make the mistake of thinking HR will give you impartial advice.

They are on the side of the employer, not you. You need advice from someone that you know is on your side hence I have recommended you speak to an employment solicitor about your situation.

As an employer, if you let it fail, but keep records of what you ARE doing each day, then they will have evidence that an extra head is needed.
If you work 80 hours a week but are paid for 40, why would they hire someone else, and how would they demonstrate a business need for it.

You've been told to let things go wrong by not covering it all. Your managers may need you to fo this. As things are, everything looks fine to the eider business, so why shoukd anything change? If things start taking longer, get missed, etc, your manager might have the leverage to say, we need to hire someone else, we can't do it all. Prioritise and let some of it drop. You've been told to let some of it drop, so until you follow what your managers habe said, you won't have a case.

Is there a boss above your boss?
Maybe you need to do as they say and let things go wrong. Maybe that will prompt them to make some changes where as whilst you're doing it all they don't see the need.
Should you resign - the lack of work available and monetary reduction you'll experience isn't there problem so you won't be compensated for that.

You must now see that they don’t fulfill their duty of care to you though, so why are you so hellbent in ruining your own health for the company? I genuinely don’t get it..

What hours are you currently working to get the job done? You could ask them for a stress risk assessment to be undertaken.

This is the issue. In my experience employers do not give a shit about employees. They will let you work yourself into the ground if you choose to do so. DH worked 100s of additional hours for two employers and was still made redundant.

I have seen people who you think would never leave go because management would not actually address issues.

You need to take control of your workload. Do what you are paid to do and escalate everything you don’t have time to do or is outwith your role.

This is the issue. In my experience employers do not give a shit about employees. They will let you work yourself into the ground if you choose to do so. DH worked 100s of additional hours for two employers and was still made redundant.

I have seen people who you think would never leave go because management would not actually address issues.

You need to take control of your workload. Do what you are paid to do and escalate everything you don’t have time to do or is outwith your role.

I used to work in Probation and it's EXACTLY like the OP describes, with no real recourse to working elsewhere. Honestly, the workload is unbearable. Cases are supposed to be 60 clients and my former boss had 160!!