Constructive Unfair Dismissal: Client Story
I have recently settled a claim which I had issued in the Employment Tribunal for Constructive Unfair Dismissal and Disability Discrimination, on behalf of my client.
I originally met with my client at the beginning of 2019. My client had recently resigned from her employment and she had been issued with a Settlement Agreement. A Settlement Agreement is a legally binding agreement and usually, in return for an ex-gratia payment, an employee waives their Employment Law Rights.
On going through the Settlement Agreement with my client, I had concerns over the level of compensation her employer was offering her. I considered she had good claims for Constructive Unfair Dismissal and Disability Discrimination and I recalculated the compensation I believed she should receive, if her claims were successful. I was therefore instructed to renegotiate the Termination Payments on her behalf but unfortunately the employer was not prepared to increase their offer.
On this basis, I advised my client to submit a retrospective Formal Grievance and Subject Access Request. In addition, I identified the time limits associated to the aforementioned Employment Tribunal Claims and latterly, my client decided to pursue her claims with my help.
Issuing an Employment Tribunal Claim
I issued my client’s claims into the Employment Tribunal and I was placed on the record as acting for her. With respect to her funding the claims, sadly she did not benefit from Legal Expenses Insurance and so she was privately funding the claim. Ever conscious of my client’s legal fees, I advised her that we should focus on achieving an early settlement, but only if the Respondent was prepared to engage in meaningful/just settlement negotiations. She agreed.
It was not long until the Respondent requested to enter into settlement negotiations once more and I was delighted when my client achieved a settlement 6 times the value of the Respondent’s initial offer of settlement. She achieved a good settlement figure and she also managed to keep her legal fees down. It was a great result!