Constructive dismissal

sniggings

anyone any experience of this, how to go about a case and where to get help.

I no longer work there.

pickpocketlocket

Constructive dismissal is extremely difficult to prove.

When did you leave? Did you address your concerns via the organisation's grievance procedure?

sniggings

pickpocketlocket wrote: »

Constructive dismissal is extremely difficult to prove.

When did you leave? Did you address your concerns via the organisation's grievance procedure?

oh yes I have loads of grievance procedures on file, I left over a year ago.

pickpocketlocket

sniggings wrote: »

oh yes I have loads of grievance procedures on file, I left over a year ago.

Too late them I'm afraid, a claim needs to be brought within three months of leaving.

Uncertain

sniggings wrote: »

oh yes I have loads of grievance procedures on file, I left over a year ago.

Out of time in any case.

In all but the most exceptional cases there is a strict 3 month time limit to lodge an ET claim.

Fewer than 3% of CD cases are won in any event.

Sorry.

sniggings

Thanks, a shame then as I have good evidence of a manger on tape lying and then using that lie to try and sack me, the union at the time and probably still are not that powerful/helpful, they were no more than someone to take in the room with you at a disciplinary.

Uncertain

sniggings wrote: »

Thanks, a shame then as I have good evidence of a manger on tape lying and then using that lie to try and sack me, the union at the time and probably still are not that powerful/helpful, they were no more than someone to take in the room with you at a disciplinary.

There is a remote possibility that you may be able to bring a claim against the manager for negligent miss-statement in the County Court where the time limit is six years.

Theoretically this could also amount to defamation but that would have to be a High Court action where the costs and risk are huge.

If you really want to pursue this you need one to one legal advice.

sniggings

Uncertain wrote: »

There is a remote possibility that you may be able to bring a claim against the manager for negligent miss-statement in the County Court where the time limit is six years.

Theoretically this could also amount to defamation but that would have to be a High Court action where the costs and risk are huge.

If you really want to pursue this you need one to one legal advice.

Thanks, I just found this too.

As stated above(Three months), however, you can pursue your claim for wrongful constructive dismissal either in the civil courts or an employment tribunal. The time limit for filing in civil court is much longer - you have six years from the date you were dismissed.

Uncertain

sniggings wrote: »

Thanks, I just found this too.

As stated above(Three months), however, you can pursue your claim for wrongful constructive dismissal either in the civil courts or an employment tribunal. The time limit for filing in civil court is much longer - you have six years from the date you were dismissed.

Wrongful dismissal is not the same as unfair dismissal.

Wrongful dismissal is, in effect, breach of contract. Unfair is asking a tribunal to decide if it was fair in law.

sniggings

Uncertain wrote: »

Wrongful dismissal is not the same as unfair dismissal.

Wrongful dismissal is, in effect, breach of contract. Unfair is asking a tribunal to decide if it was fair in law.

Yeah I'm trying to see which mine would fit in.

part from him doing case after case against me the final straw was when I was attending a meeting with another manager, his boss, which is the manager in question, came into the room, he asked the manager doing the meeting what the outcome was i.e would I be returning to work and when, he was told, no only after he seen his doctor and got their OK it return, the next day I got a letter saying as I failed to return to work as agree yesterday my pay would be stopped, when I did return a week later I was suspended for not returning to work straight away, I appealed this but lost the case, I left after that.

there is a lot more but that is the main point.

Ashles

sniggings wrote: »

Thanks, a shame then as I have good evidence of a manger on tape lying and then using that lie to try and sack me, the union at the time and probably still are not that powerful/helpful, they were no more than someone to take in the room with you at a disciplinary.

Was the recording done with the manager's full knowledge and permission?