Resigned "constructively" , but .....

sangie595

Undervalued wrote: »

Yes, but only if the alleged breaches are serious enough. It is all a question of degree.

ACAS do not give legal advice. At the first level you are dealing with a call centre staffed by people with limited training who are largely reading from a script. Keep that in mind.

The fact that the "free legal clinic" wanted £2K to advise you properly confirms that it is not straightforward by any means.

The vast majority of constructive dismissal claims fail, well over 90% so you have created a high hurdle to get yourself over. Maybe your case is one of the few that will succeed but you will need some proper detailed advice and that is likely to come at significant cost.

My only difference on this advice is that the figure is actually over 98%!

I am struggling to see the repudiatory beach at the time of your resignation, or any evidence that there was any reason to claim that you were not safe. I don't see how the (unlawfully?) taped conversation helps your at all- it appears to be a completely factual statement, common amongst employers, that where redundancies are proposed those with poor disciplinary records will be first to go. Neither shocking not, really, any news in that!

When a lawyer starts off with "please hand over £2k" you can be assured that you are going to struggle with evidencing your claim. Former employees are, in the most part, useless because they are simply portrayed as having an axe to grind. Current employees- well honestly, were you really expecting them to be available? Because seldom do existing staff ever testify against managers or employers, regardless of where the truth lies, because they are keen on retaining their jobs. They will, however, be likely to be giving evidence for the employer and against you!

What you are left with, it would appear (please correct this if wrong) is your word that the manager might have propositioned you (you did say that it was something that you took to be a proposition), a grievance not found in your favour, a complaint about you that you claim is falsified (without any evidence), and a final warning. As a result of which, as it will be played in court, you took your bat and ball home, signed off sick just like people do when they spit their dummy out, and resigned without any good reason. That isn't a strong position to be in, which is why the solicitors were looking for money up front - they don't really expect to see a win, and their fees paid.

There is, since your are obviously not on a union, a very good way of testing the soundness of your case, if you are very careful and don't sign anything that you haven't read thoroughly. Tout your case around no win, no fee lawyers. They'll be clear - toy have no money to pay them, so they'll only take a case if they smell their prospect of a win. But watch yourself - with some of them, if you settle out of the tribunal (which employers might do simply on economic grounds, not guilt) you pay their fees. I have seen people end up owing the lawyers money!

But if they all show you the door, that's a huge hint about the prospect of winning.

Hounded_out

Yes, Sangie - seeing two firms next week - one who saw me at CAB. They read my papers and reviewed my evidence last month - which I am not going to reveal in a public forum - and were content for me to walk out. They merely wanted £2K, well up to £2K inc vat, to write my letter of resignation.

I spoke to them on Friday and they said that in principle they are willing to run my case. Your comment about people owing lawyers money when on a no win no fee sounds very dubious if you don't mind me saying so. The law firm said that they are only allowed to charge a max of 35% plus VAT. A big chunk, yes, but may be money well spent. I note what you say about former and current employees, but a colleague also resigned last month and they had put themselves forward as a witness re my disciplinary - with counter evidence - and they were told that there was no need to interview them.

By the way please don't mock illness

agrinnall

Hounded_out wrote: »

Tnank you for your comments Agrinal and Alderbank - what similar names.

Not remotely similar beyone starting with the same letter (and by the way, your attempted spelling of my name is atrocious). Presumaby you think we are one and the same person, I can assure you we are not, but I'm going to leave you to stew in your own misfortune now anyway.

jobbingmusician

Please remember that personal abuse is not allowed or tolerated on this forum.

Alderbank

Hounded_out wrote: »

Tnank you for your comments Agrinal and Alderbank - what similar names.

agrinnall wrote: »

Not remotely similar beyone starting with the same letter (and by the way, your attempted spelling of my name is atrocious). Presumaby you think we are one and the same person, I can assure you we are not, but I'm going to leave you to stew in your own misfortune now anyway.

Not remotely similar beyond starting with 'A' and having the same number of letters (if you could be bothered to look at the spelling). We are not one and the same person but I am flattered you think we are because Agrinnall always gives very sound advice.

You opened asking if any members could help with a hopefully straightforward matter. After several of us had considered your account and advised you, you confided that 'I have more far evidence in my favour- which i trust is better than "dirt" - than they do.' In view of that revelation I don't think any of us can properly advise you, so I too will leave you in Agrinnall's stew.

Undervalued

Hounded_out wrote: »

Yes, Sangie - seeing two firms next week - one who saw me at CAB. They read my papers and reviewed my evidence last month - which I am not going to reveal in a public forum - and were content for me to walk out. They merely wanted £2K, well up to £2K inc vat, to write my letter of resignation.

I spoke to them on Friday and they said that in principle they are willing to run my case. Your comment about people owing lawyers money when on a no win no fee sounds very dubious if you don't mind me saying so. The law firm said that they are only allowed to charge a max of 35% plus VAT. A big chunk, yes, but may be money well spent. I note what you say about former and current employees, but a colleague also resigned last month and they had put themselves forward as a witness re my disciplinary - with counter evidence - and they were told that there was no need to interview them.

Last, but not least, what you do not realise is that the customer who made a so called complaint about me bumped in to me two weeks ago and has now aplogised to me and has agreed to be a witness for me. She says that she was "encouraged" to make a complaint against me .. by guess who - yes, my ex manager. Lovely person to work under. If nothing else I'm glad to be out of there.

By the way please don't mock my illness - i have a serous, potentially life threatening illness. I am or was enttitled to three month fully paid contract sick pay, and 3 months half pay. I still walked out. Should give you an idea how distressed i was.

Well i don't know whether Sangie minds or not but I can assure you that it can and does happen. So do please take his / her advice and fully understand what you are signing up to.

Given that you claim to have evidence that strengthens your case and you are not prepared to share it here there is little point in commenting further.

sangie595

Undervalued wrote: »

Well i don't know whether Sangie minds or not but I can assure you that it can and does happen. So do please take his / her advice and fully understand what you are signing up to.

Given that you claim to have evidence that strengthens your case and you are not prepared to share it here there is little point in commenting further.

I don't mind. It happened on this site not that long ago! And it isn't the first time.

But here we go again. Ask for advice, change the story, and know more than everyone else. Makes you wonder why they asked since they have a solicitor- who it now transpires charged £2k to write a letter. I am in the wrong business!

And OP - I suggest that you read my post properly. I did not mock your illness, and anyone on this site regularly knows that I would not. But you know, you have a solicitor, you don't need advice, so I'm out. I don't need to be accused of doing things I haven't done by people who change the story half way through and don't read posts before flinging insults.

Hounded_out

Hi all, I am frankly appalled at the quality of the so called guidance offered on this employment mini forum.

I asked a simple question and very few members came even close to giving a concise answer. Yes, the reality is that I did largely know the answer to my own question before I asked it. I was just interested to see what the MSE "experts" had to say about the matter. Why you may even have been able to offer some far reaching and superior knowledge.

The reality is that I thought I'd suss out the MSE forum for "research purposes" by asking for simple guidance and compare and contrast your credibility with that of the ACAS Helpline.

You do not know all the facts, and to be fair neither did ACAS when I have spoken to them re the same matter.

ACAS simply asked for a brief summary of the situation and were then able to offer guidance in regard to the question that had been raised.

I also gave MSE a brief summary and also asked a fairly simple question.

For the majority of times your responses were balderdash. Some did answer my simple query, but the majority of responders should with respect simply reign it in and may be better to do something else in life rather than making unfounded and uninspiring comments or offering judgement. You appear to have overly sensitive or inflated egos and on occasions comes across as being rather defensive. Some members also clearly seek to bolster themselves via mutual “back patting”.

I am not being personal. I am merely passing on comments that may assist other new members to gain a more balanced perspective on the limitations of a forum that sets itself out to offer input on key matters such as workplace disputes.

The reality is that a member of the public would be far far better guided to contact the ACAS Helpline. They are professional and though they do not, and can not offer legal advice, their guidance does for the main part appear to be consistent and accurate.

Apologies for taking up your valuable time and for being rather sneaky. My criticism is, however, I believe justified. I gave you some facts and asked a simple question. Your answers for the main part were either off the mark or irrelevant. Well done ACAS. As for this forum, please, please get your act together. You may be doing more harm than good.

jobbingmusician

And please note that the above post about professionalism was written by someone who had one of his posts in this very thread removed by the forum team for breaking forum rules

Masomnia

There certainly is some very bad advice on these boards some of which factually incorrect. You get a lot of posters who are very quick to state you have no case, you won't win, you were fairly dismissed etc. when they obviously don't know all the facts or the law.

But there is some very good advice too.

Your question/situation is not simple at all.