construtive dismissal

boo12_2

my former employers failed to pay me for the last two months work or my milage allowance, i have now taken them to an employment tribunal for constructive dismissal, they are now alleging that i have stolen documents etc from them, Which i have not, any one out there able to help me.

dave4545454

well it shows they know they are in the wrong and have no foot to stand on legally if they are making up lies about you. just be firm, tell the truth, have evidence to show you haven't been paid (bank statements) and you should be in for a good pay out when the judge gives you the verdict especially as they've lied.

woody01

boo12 wrote: »

my former employers failed to pay me for the last two months work or my milage allowance, i have now taken them to an employment tribunal for constructive dismissal, they are now alleging that i have stolen documents etc from them, Which i have not, any one out there able to help me.

As bad as it is, i doubt it will be classed as constructive dismissal.

londondulwich

Failure to pay the correct wage is a major breach of contract which entitles an employee to resign and claim constructive dismissal.

If the tribunal decide that you were entitled to resign, they will then consider how much compensation you should be allowed.

The relevance of accusations, the content of which have been discovered post-dismissal, goes to the compensatory element of the award for unfair dismissal.

If they conclude that you did take privileged documentation and that this amounts to misconduct justifying your dismissal,your compensation will be reduced accordingly.

The compensatory award is mostly made up of future loss, the idea being that if the breach had not occurred you would still be in the same job on the same wage with the same perks. If you were dismissed you would have lost these things, so future loss is removed from the award.

maninthestreet

londondulwich wrote: »

Failure to pay the correct wage is a major breach of contract which entitles an employee to resign and claim constructive dismissal.

If the tribunal decide that you were entitled to resign, they will then consider how much compensation you should be allowed.

The relevance of accusations, the content of which have been discovered post-dismissal, goes to the compensatory element of the award for unfair dismissal.

If they conclude that you did take privileged documentation and that this amounts to misconduct justifying your dismissal,your compensation will be reduced accordingly.

The compensatory award is mostly made up of future loss, the idea being that if the breach had not occurred you would still be in the same job on the same wage with the same perks. If you were dismissed you would have lost these things, so future loss is removed from the award.

You can't take your employer to a tribunal for constructive dismissal if you were actually sacked (dismissed) by your employer. I'm still not clear from the OP's original post if they resigned or were sacked.

Zazen999

Boo; throw us a line here so that we can help.

Can you post what happened, and when - starting with

1 - month/year: started working for the company
2 - month/2009 - employer did not pay my wages
3 - etc

Then someone can hopefully assist you.

zzzLazyDaisy

3 did you resign or were you dismissed?

4 what reason did the employer give for with-holding your wages?

5 what date did your employment terminate (this will be on your p45)

(sorry to piggy back your post Zazen )

Zazen999

No problem LD