Steps towards claiming constructive dismissal

jess-the-cat_3

Can anyone explain the practicalities of constructive dismissal, ie procedures to follow when an incident has happened?

I have read the page on directgov but am unclear on some things.

If the employee does not return to work following, ie to show that the incident/behaviour is not acceptable or condoned at all, what then should the employee be doing? Should they then be requesting a formal meeting to discuss the incident? What happens in such a meeting, do you go in with an objective eg, about a future reference, or "compensation" by way of pay equivalent to x weeks? At what point does it become "legal", ie broaching an official complaint of constructive dismissal?

I understand that it is hard to prove constructive dismissal but I am helping the person in question and want to make sure everything gets done by the book.

dickydonkin

You are getting involved in a minefield here.

As you alluded to, the chances of success in claiming CD is very low - apparently around 3%.

The employee should have exhausted all options - including grievances before even considering this route.

If you want to make sure that everything 'gets done by the book' - then I would suggest your friend seeks a lawyer who specialises in employment law.

KiKi

Has your friend resigned / are they intending to resign very soon?

Sambucus_Nigra

jess-the-cat wrote: »

Can anyone explain the practicalities of constructive dismissal, ie procedures to follow when an incident has happened?

I have read the page on directgov but am unclear on some things.

If the employee does not return to work following, ie to show that the incident/behaviour is not acceptable or condoned at all, what then should the employee be doing? Should they then be requesting a formal meeting to discuss the incident? What happens in such a meeting, do you go in with an objective eg, about a future reference, or "compensation" by way of pay equivalent to x weeks? At what point does it become "legal", ie broaching an official complaint of constructive dismissal?

I understand that it is hard to prove constructive dismissal but I am helping the person in question and want to make sure everything gets done by the book.

Ok - I'm not being mean but if you don't understand it how can you help?

marybelle01

Sambucus_Nigra wrote: »

Ok - I'm not being mean but if you don't understand it how can you help?

Seconded. Constructive dismissal is a minefield for lawyers - or so SarEl (a lawyer who used to post here) told someone - and you want to try to do it having read a page from direct.gov? Your friend needs a lawyer.