Confused re ET Claim Timing

olgadapolga

Hi,

I am contemplating complaining to an ET about my previous employer for two reasons: 1) they have not paid me what they owe me and 2) I felt I had no option other than to resign due to the way they treated me and the conditions under which I was expected to work. They also wanted to change my contract meaning that I would have to work for less pay, without consulting me about it - I was TOLD that this was going to happen, no opportunity for discussion, it was either accept it or leave. I chose to leave. I did try a grievance but they made it so complicated it was pointless (and they also told me that it wouldn't do any good anyway, as their decision about my job was final).

I am confused as to the time limits as my resignation was rather complicated. I resigned on 3rd October but they refused to accept it. I resigned again on 24th October which they accepted, with a leaving date of 24th November.

Which of these dates do I work from in regards to making a claim? I am not certain if I will make a claim or not. I tried to find the information from the justice website but it doesn't cover my circumstances.

Thanks in advance

SarEl

You cannot resign twice and they cannot refuse a resignation - however the relevant date is always the last date of your employment.. However "trying a grievance" won't wash with a tribunal in relation to any claim of constructive dismissal - you are expected to exhaust the employers internal procedures, and only very rare exceptions can be made to this. The fact that you felt it was pointless or that the employer told you they would not change their mind as a result of a grievance aren't exceptions that would be acceptable.