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constructive dismissal?

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kat2206 | 21:24 Wed 31st May 2006 | Jobs & Education
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I have worked with my current employer for 9 months now, I also have, very recently, been subjected to sexual harrassment and started a grievance procedure against the said person, I am quite worried though if they can get rid of me without any repercusions or if it gets too bad and stressful and resign can I make a constructive dismissal claim?
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I don't know for certain, so don't hold me to any of this, but I am sure I read on here somewhere that for people who have been employed for less than a year, your rights are seriously reduced. I'm pretty sure I read that you couldn't claim for unfair dismissal, so maybe a similar thing would apply for constructive dismissal.
I'm certain you can't claim constructive dismissal as I've juist been speaking to ACAS about my son who resigned as he was wrongly accused of stealing and he's only been there for a few months too. they said it has to be 12 months for constructive dismissal. Theyre really helpful give them a ring, they'll advise you.
You can claim sex discrimination as there is no qualifying period of employment required. Straight constructive unfair dismissal with no form of discrimation attached needs 1 years employment. Go to CAB for free advice.

If you have started the grievance procedure it is important that you follow this through to an outcome,this then will add weight if proven to further persue the case.


It is in the best intrests of the company to also persue this issue and you should not feel any discomfort in bringing the issue to the attention of the employeer,a full and thoughrough investigation must be undertaken by the employeer.if you have experianced harrassment of a sexual nature the party concerned must be taken into the disciplinary procedure.do not mention constructive dismissal due to the lngth of service you have but make it known that you may need to consider your position untenable.keep good notes on all stages it is important.

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