Help and advice needed for employment trouble

missblond

Hi everybody!
I am in need of urgent advice, as i am looking to take my company to court for constructive dismissal, but have not got a clue as to where i start! I have been employed for 20 years by a very large company, but over the last 2 or three years have had an awful time. The worst part is that i was also heavily pregnant when i went through the latest episode (which i am told can be classed as sexual discrimination?)
I know i obviously need a solicitor, but can anybody recommend any good ones for me? I also do not have a pot to piddle in either, so money is a concern too!

Any advice would be very much appreciated, as i really need assistance with this.

Miss B x

KiKi

Hi there

First of all, please be aware that constructive dismissal is incredibly difficult to prove - 97% of cases are lost.

Perhaps you can outline here for us the reasons you have resigned and which of those reasons were related to your pregnancy, and people could give you their opinions (but it's no substitute for legal advice).

Also, what date did you resign? There are limits on taking companies to ETs.

KiKi

missblond

wow. that was quick!

I haven't resigned yet, but have taken steps through the company to remedy the situation (internal complaint procedures)
I have been suspended on two occasions for serious offences, but when i argued these both turned out as no action taken and the people who charged me with these had action taken against them. I was also put on a final written warning (while 7 months pregnant) and when i approached my manager to discuss the matter was told that if i went over his head and appealed he would ensure i would be sacked. As i was so heavily pregnant, i did not relish the thought of going through appeals and more meetings. I was then forced into starting my maternity leave early because of bullying. There is a hell of lot more to this, but i am a little reluctant into going into specifics at the moment.
From the numerous meetings i have been to, and 'Investigations' the company made, i have some very quotable lines in the minutes taken at the hearings that back up my claim that there was a plan to get rid of me.
This all stems from me contacting the head of the company informing him of how the staff were being treated.

brightonman123

if not in a union, try asking the CAB, or ACAS?

KiKi

If you can't put details up here, then your starting point is gathering indisputable evidence, and evidence that you have done everything in your power to resolve the situation within the organisation's policies. Hearsay won't be enough.

I couldn't possibly say whether or not you'd have any case on what you've posted, but if you feel you've been victimised then - as much as I loathe to encourage this(!) - you may be better off proving that you have been discriminated against whilst pregnant (if there is evidence for that, ie, that you have been disadvantaged because you're pregnant) than going for constructive dismissal. But only if you have evidence that this is the case.

I'm not saying that this applies to you, but lots of people seem to think that 'their boss being mean' or not being able to get on with their boss is a reason for constructive dismissal. It's not. You need either to demonstrate a breach of contract or behaviour so outrageous that you can't possibly work there anymore - which is why it's so difficult to win. Your boss may be a bully, but that's unlikely to amount to constructive dismissal in law unless you can demonstrate *with evidence* that you've experienced sustained bullying which has affected your ability to work.

If you have that evidence, over a long period of time, and have evidence of trying to resolve it you'd have a good chance at going to ET. But yes, you will need an employment solicitor - as a large company they are likely to have a legal team / resources to deal with it. You *may* find that your home insurance, car insurance has a legal policy with it that will offer free legal help, too. Worth checking out.

You have three months less one day to submit to an ET.

HTH
KiKi

Hammyman

And no, being pregnant whilst you go through what you claim was an episode isn't a case for sexual discrimination and it is people taking your attitude that lowers the value of genuine claims. In fact being pregnant with resultant mood changes could be said to have been a contributing factor on your part which would count against you.

Strider590

Your still there... So record everything (everyone can do this on their phone these days), make notes of everything that's said, everything that's done. Keep a diary.... I't THE only way you'd stand a chance for constructive dismissal.
Also, ask yourself honestly if your being deliberately awkward... If you are, then kurb it.

ohreally

KiKi wrote: »

First of all, please be aware that constructive dismissal is incredibly difficult to prove - 97% of cases are lost.

Can you evidence this figure?

Googlewhacker

Doesn't quite evidence it but this is an extract from http://www.covlaw.org.uk/employment/leaflets/leaflet2.html

Constructive Dismissal
A case of constructive dismissal occurs when the employer has breached a term of the employee’s contract to such a serious degree that the employee is left with no alternative but to resign. This is a very difficult area of law and the success rate is quite low for employees claiming constructive dismissal. The resignation has to be in response to the breach, but if you are in any doubt about resigning you should take further advice first.

It has been banded around and I am sure SarEL mentioned the 3%

I could look further but I can't be bothered

dickydonkin

Hammyman wrote: »

And no, being pregnant whilst you go through what you claim was an episode isn't a case for sexual discrimination and it is people taking your attitude that lowers the value of genuine claims. In fact being pregnant with resultant mood changes could be said to have been a contributing factor on your part which would count against you.

Until the facts are known - it is not for anyone on here to determine whether this is not a 'genuine claim' or otherwise.

As for taking the CD route, although this link does not actually provide the likelihood of success in percentage terms, (although one in ten is quoted), it certainly highlights the difficulties that a claimant will encounter and may provide the OP with a reality check on that option.

EDIT - What happened to SarEL? Her very informative posts are a miss.

Sambucus_Nigra

Googlewhacker wrote: »

Doesn't quite evidence it but this is an extract from http://www.covlaw.org.uk/employment/leaflets/leaflet2.html

Constructive Dismissal
A case of constructive dismissal occurs when the employer has breached a term of the employee’s contract to such a serious degree that the employee is left with no alternative but to resign. This is a very difficult area of law and the success rate is quite low for employees claiming constructive dismissal. The resignation has to be in response to the breach, but if you are in any doubt about resigning you should take further advice first.

It has been banded around and I am sure SarEL mentioned the 3%

I could look further but I can't be bothered

But just because 3% may be 'won' it doesn't mean that 97% were 'lost' - many could be settled out of court or dropped for one reason or another...and that's the figures that are missing.