Success: Constructive Unfair Dismissal
I have recently settled an Employment Tribunal claim for Constructive Unfair Dismissal on behalf of my client.
I met with my client at the beginning of 2020 for a Settlement Agreement appointment. At the time of our appointment, she had already resigned from her employment and having resigned, her employer offered her a Settlement Agreement. At the beginning of our appointment I asked her to talk me through the circumstances leading up to her resignation.
She explained that over the last 18 months she had felt increasingly unsupported by her employer. During her monthly 1-2-1 meetings she had raised her concerns but these concerns had been ignored. She was therefore incredibly disappointed when they commenced a capability procedure against her at the end of 2019. By this point she felt dejected, anxious and unable to cope at work any longer. She had lost all faith in her employer and so resigned.
I explained that she may have a claim for Constructive Unfair Dismissal but she would have to set out her concerns immediately and identify why she chose to resign when she did. I advised that if she failed to do this, her claim for Constructive Unfair Dismissal may not have reasonable prospects of success. She confirmed to me that she was prepared to formally raise her concerns, and so on this basis, I calculated the (potential) compensation available to her for this claim.
Once I had done this, I cross referenced the Termination Payment they were offering her, in her Settlement Agreement. I advised that the Termination Payment was insufficient and she did not sign it.
After our initial appointment
My client asked me to submit her Formal Grievance and detail the exact reason why she had resigned from her employment. I did this immediately and we waited for the company to investigate the concerns raised. Unfortunately, they did not progress their investigation quickly and my client was now subject to a strict limitation period to issue her claim in time. I was therefore instructed to issue her claim into the Employment Tribunal.
Having issued my client’s claim to the Employment Tribunal, the company communicated that they wished to reconsider their initial offer (as set out within her Settlement Agreement). Thereafter, I negotiated on behalf of my client and I was delighted when an equivalent offer of six months (gross) salary was made in full and final settlement of her claim. She accepted. She also received a good, agreed factual reference.
I was so pleased for her. The process was stressful and it took her determination to pursue her claim in the Employment Tribunal. It paid off and she was delighted with the outcome.
How can I help you?
If you have any employment law issue and require expert advice, please call me on 01522 440512. I am happy to provide you with some initial free advice and thereafter arrange an appointment with you to discuss your problems in more detail.