Constructive dismissal

cazziebo

dickydonkin wrote: »

The reality is that you will likely find more examples of the latter.

A very low percentage of CD claims are successful.

3% is what I read recently...very little chance of success.

For a CD claim to succeed the complainant has to PROVE that the employer has seriously breached the employment contract. The little information you have given doesn't appear to fall into this category.

Allegations of bullying and intimidation would have to be managed though the company's grievance procedure before it could get anywhere close to a tribunal.

dog_lover_2013

I am still there but have gone back in the sick . I have sought some advice today and they believe I have a good case . There is a lot more going on but with this being public I can't really go into it in detail . I would still be interested to hear if anybody has been through a similar situation . I will keep you updated. Thanks for the replies

uknick

Whilst you might have a very, very, very strong case you have to ask yourself; do I want to go through months, or even years, of hell to bring this to tribunal? And, be under no illusion, it will be hell.

And, then ask yourself; if you win, will the financial compensation be enough to satisfy you?

Sorry to sound negative about this but it took me many years to win my claim. It cost significant sums of money and the amount I won just about met my legal costs. The emotional cost though will never be recovered.

But, I had to go to ET as I would never have been able to work again in my chosen career without a win.

paulineb_2

dog_lover_2013 wrote: »

I am still there but have gone back in the sick . I have sought some advice today and they believe I have a good case . There is a lot more going on but with this being public I can't really go into it in detail . I would still be interested to hear if anybody has been through a similar situation . I will keep you updated. Thanks for the replies

Tiny percentage of constructive dismissal cases win. Something like 2 or 3 per cent. Have you raised a grievance, you need to go through every avenue to resolve things, if you go to tribunal without doing so and you do win a case, your award could be cut.

If you cannot stand it, a compromise agreement might be better.

paulineb_2

Are you in a union?

agrinnall

You need to answer monty-doggy's question in post #10, without the answer to that we have no way of knowing whether you are in a position to make a claim.

Helpfulone

dog_lover_2013 wrote: »

I am still there but have gone back in the sick . I have sought some advice today and they believe I have a good case . There is a lot more going on but with this being public I can't really go into it in detail . I would still be interested to hear if anybody has been through a similar situation . I will keep you updated. Thanks for the replies

You would have to leave before you could attempt CD. You'd also have to show what your losses were.

How long have you been off sick? Is it because of the bullying that you are off or another reason.

I know one person that went for CD. She left because they changed her job, she felt that she'd been bullied and she wasn't trained properly.

It went all the way and she didn't get anything because the company had followed all the necessary procedures and although she felt she'd been bullied she hadn't raised a formal complaint about it.

The good news was that she didn't have to pay the company's costs (I think that the employer can ask this).

I don't know anyone who's claimed successfully but if you've raised an official complaint about the bullying etc you might be in with a chance.