Constructive dismissal

Sprallfia1

Hi,
I have a question about bringing a claim for constructive dismissal that I am hoping someone will be able to help me with.
My husband is about to take his previous employers to tribunal for constructive dismissal, at the moment he is in the middle of the companie's internal grievance procedure but I am a bit concerned about the time limits. He handed the notice in on August 25th and from August 26th the company let him go on "garden leave" ie he was still employed on paper and getting paid for his entire notice period but he didn't actually have to do anymore work. His employment officially finished on September 24th, this is also the date given on his p45. Now am I correct in thinking that the tribunal claimed has to be made within 3 months of the September date or should it be within 3 months of the day in August when he did his last actual day of work?
He has got an appeal meeting scheduled with a person high up in the company later this month and obviously we would like to see what happens there first but I don't want to risk missing the deadline for a claim.
Would really appreciate it if someone could clarify which date is the correct one to calculate the 3 months deadline period from, thank you!

ohreally

ET1 should be submitted to the tribunal within 3 months less 1 day of termination.

Comply with this requirement. If grievance is upheld he can withdraw his ET1.

McKneff

Looks like December 23rd then.

Sprallfia1

Yes I understand that but what I am unsure of is which date is considered the termination date? 25th of August which was the last date he actually went in to work or 24th of September which is the date his employment officially ended and also the date given on his p45?

Sprallfia1

Thank you McKneff, that is my thinking too since he was officially employed until September 24th, I just wanted to make sure.

ohreally

Sprallfia1 wrote: »

Yes I understand that but what I am unsure of is which date is considered the termination date?

His employment officially finished on September 24th

Gardening leave is a seperate issue, he was still an employee while on leave (or should have been).

Don't waste time with the ET1, have it submitted next week regardless.

Uncertain

If he was on Garden Leave (i.e still technically employed) then September as he could in theory have been called back into work at any time.

Do be certain of this as if he received pay in lieu of notice then his employment terminated in August.

If there is any doubt at all then get your claim in for three months (less a day) from the August date. Don't get strung along as the deadlines are strict.

Are you getting professional advice as constructive dismissal claims are very hard to win (only about 3%)?

As stated you can easily withdraw a claim if the firm settle. Particularly if you don't have legal help you would be advised to think very carefully before rejecting any reasonable settlement.

Sprallfia1

He was fully paid up until September 24th when his employment officially ended. He didn't work his notice period simply because the company asked if there was anything they could do help him (the claim is based on bullying) and he said get me out of here so they agreed that he didn't have to work his notice period, after that he went to the doctor so he also has a sick note for the final month of his employment.

Uncertain

Sprallfia1 wrote: »

He was fully paid up until September 24th when his employment officially ended. He didn't work his notice period simply because the company asked if there was anything they could do help him (the claim is based on bullying) and he said get me out of here so they agreed that he didn't have to work his notice period, after that he went to the doctor so he also has a sick note for the final month of his employment.

That could easily be PILON and not garden leave.

Be very, very careful about this as the firm could try to argue it was payment in lieu of notice. They have a terrific incentive to do so if it would make any claim out of time.

Without professional advice get it in to comply with the earlier date just to be safe. If nothing else it will demonstrate that you are serious and may concentrate the firm's mind.

ohreally

Sprallfia1 wrote: »

He didn't work his notice period simply because the company asked if there was anything they could do help him (the claim is based on bullying) and he said get me out of here

Did he refer to bullying in his resignation letter as reason for quitting

He may wish to take professional advice on the situation.

Sprallfia1

Yes, he made his reasons for leaving clear and at the same time as sending the resignation letter he also opened a grievance against the company, the first grievance meeting has been heard and we are now in the process of appealing. We sent the letter of appeal in over a month ago and although the letter was sent with special delivery and was signed for by the company they reckon they never saw it and has only just responded after we chased it up (and emailed them a company). I think they are just trying to spin it out for time.
To be honest the main reason I wanted to spin it out a couple of weeks before we opened a case with an employment tribunal is because I know I am completely snowed under with work for the next couple of weeks so I could really do without this as well but I think it is safest to start it asap.
Thank you everyone for your advice, it is all very helpful.