Constructive Dismissal help

realitybites

Hi, I am wondering if anyone can point me in the right direction as far as the above goes. Every search I do comes back with law firms advertising to represent you. Is there anyone I could maybe speak to to make sure I am not barking up the wrong tree so to speak. I have been with the same firm for over 10 years and not sure where I stand and who to contact or the direction to go in.
Many thanks

JamoLew

Your Union is usually the first port of call

Constructive dismissal is notoriously hard to prove/resolve especially if you don't have professional help and advice

elsien

Basic information here. Acas did have a helpline but I believe the first advice tier could be a bit hit and miss. They also say that they can explain the options but can’t give legal advice. It’s a starting point though if you’re just at an information gathering stage. 

https://www.acas.org.uk/dismissals/constructive-dismissal

Thrugelmir

Does your home insurance have legal cover? 

Undervalued

realitybites said:

Hi, I am wondering if anyone can point me in the right direction as far as the above goes. Every search I do comes back with law firms advertising to represent you. Is there anyone I could maybe speak to to make sure I am not barking up the wrong tree so to speak. I have been with the same firm for over 10 years and not sure where I stand and who to contact or the direction to go in.
Many thanks

Well ultimately you need a professional opinion as to whether you have a case with a realistic prospect of success. Keep in mind that constructive dismissal can be a difficult case to win. It is often said that only about 3% of such cases that reach a full tribunal hearing are actually won. Obviously some more will have been settled before reaching that point but even so it is a high bar to get over.

I assume, as you are asking here, you are not a member of a union or professional body? Does your house insurance provide access to any free legal advice?

realitybites

Thanks for the replies. I have outlined my case to my union but have heard nothing back. I am not sure about the depth of cover on my home insurance but will definitely look into it. I had a feeling the odds would be stacked against me but the mental strain is becoming unbearable but at the same time, I will not let them think they have won.

oh_really

Since you are a union member be aware if you seek advice from a third party you run the risk of union withdrawing legal advice/ ongoing support. Tread carefully.

When you say you have outlined the case with the union, what is meant by this, have you asked them to pickup a case or simply had a conversation?

robatwork

Undervalued said:

realitybites said:

Hi, I am wondering if anyone can point me in the right direction as far as the above goes. Every search I do comes back with law firms advertising to represent you. Is there anyone I could maybe speak to to make sure I am not barking up the wrong tree so to speak. I have been with the same firm for over 10 years and not sure where I stand and who to contact or the direction to go in.
Many thanks

Well ultimately you need a professional opinion as to whether you have a case with a realistic prospect of success. Keep in mind that constructive dismissal can be a difficult case to win. It is often said that only about 3% of such cases that reach a full tribunal hearing are actually won. Obviously some more will have been settled before reaching that point but even so it is a high bar to get over.

I'd say if you factor in the number of people who feel aggrieved enough to take advice from union/solicitor/internet forums, it will be way fewer than 1% of cases that are proposed that actually succeed at tribunal. And that's including the ones I've seen solicitors take on with the flimsiest of evidence that crumbled on the slightest examination at tribunal.

realitybites

oh_really said:

Since you are a union member be aware if you seek advice from a third party you run the risk of union withdrawing legal advice/ ongoing support. Tread carefully.

When you say you have outlined the case with the union, what is meant by this, have you asked them to pickup a case or simply had a conversation?

I have pointed out the facts to my rep, no pay for 6 weeks, increased workload over a period of months compared to colleagues, and the reasoning behind it. I haven't escalated it yet, just seeing how it is viewed.

Savvy_Sue

If you don't hear back from your local rep, you can ask for help from the region. I'd definitely ask the rep for a progress report. 

oh_really

Savvy_Sue said:

If you don't hear back from your local rep, you can ask for help from the region. I'd definitely ask the rep for a progress report. 

The union doesn't actually appear to have been asked to do anything yet. Information has been provided to the rep, no more.