ChatterBank1 min ago
Constructive Dismissal
2 Answers
How often do you think 'Joe Bloggs' wins a case of Constructive Dismissal? I'm not talking about taking a multi national company here....smallish company.....I am just wondering if it's worth the bother...and if you do win....what do you win???? I mean the person concerned cannot go back there.....so what do you win???
Answers
1 to 2 of 2
Best Answer
No best answer has yet been selected by PurpleParis. Once a best answer has been selected, it will be shown here.
For more on marking an answer as the "Best Answer", please visit our FAQ.
If a tribunal rules that you've been unfairly dismissed the employer MAY decide to reinstate you. However he is not obliged to. If he doesn't he will have to pay compensation.
This link is to a commercial site (which I'm not recommending) but the calculator should prove useful:
http://www.jobrights....missal-calculator.htm
General information here
http://www.direct.gov...Dismissal/DG_10026696
From what I've read elsewhere, it seems that the golden rule for having any chance of a successful claim for 'constructive dismissal' is that the employee must be able to show that they'd exhausted all of the usual dispute resolution procedures before they walked out.
Chris
This link is to a commercial site (which I'm not recommending) but the calculator should prove useful:
http://www.jobrights....missal-calculator.htm
General information here
http://www.direct.gov...Dismissal/DG_10026696
From what I've read elsewhere, it seems that the golden rule for having any chance of a successful claim for 'constructive dismissal' is that the employee must be able to show that they'd exhausted all of the usual dispute resolution procedures before they walked out.
Chris
Good advice except the last sentence is not strictly true.
If the breach by the employer is so bad that the contract is fundamentally broken down, there is no need for the employee to bend over backwards to demonstrate they tried to make it work. That is what the employee has to show at ET.
One wins money for compensation for breach of contract.
If the breach by the employer is so bad that the contract is fundamentally broken down, there is no need for the employee to bend over backwards to demonstrate they tried to make it work. That is what the employee has to show at ET.
One wins money for compensation for breach of contract.
1 to 2 of 2
