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Employment Tribunal Claims For Unfair Dismissal

Unfair Dismissal (Constructive Unfair Dismissal)

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I was delighted to assist a client who was experiencing such difficulties at work that she felt she had no option but to resign. For more details about my client’s situation, please read on. 

My Client’s Story

I first spoke to my client during an initial free enquiry. We discussed her situation and she explained she was finding it increasingly difficult to be at work because of the way her employer was treating her. On the information she had disclosed to me, I also felt her employer was acting unreasonably and we arranged a Fixed Fee Consultation so I could advise her fully.

To explain, we provide a Fixed Fee Consultation service for all new clients. It allows you the opportunity to provide us with all the information we need to assist you. You are safe in the knowledge that the price remains fixed irrespective of the duration of your appointment and you do not have to worry about committing yourself to any further process. More information about Fixed Fee Consultations can be found here: https://lincslaw.co.uk/fees/employees/

At our Fixed Fee Consultation, my client explained she had been given an excessive amount of work for 18 months. She had continuously raised this with her employer, and it had even caused her to be signed as unfit to attend work by her GP. Disappointingly, however, when she returned to work her employer did not discuss why work had caused her to feel unwell and she was also horrified when she realised her work had not been touched during her absence.

Over the next few months, my client continuously reported her concerns to her employer. She explained she was struggling to manage the excessive workload. Sadly, her request for help was ignored. By the time I met with my client she had experienced a string of issues. I agreed that her employer was acting unreasonably, and I explained she may have a future claim for Constructive Unfair Dismissal – if she made the decision to resign.

Constructive Unfair Dismissal

As claims of this nature are difficult to pursue, I would always advise a client to obtain legal advice before making the decision to resign. The reason why it can be difficult is that the Employment Tribunal will have the following requirements to succeed in this type of claim:

  • Length of Service: There are exceptions to the rule, but you usually must have worked for your employer for no less than two years.
  • Repudiatory Breach of Contract: You must identify what term of your employment contract (express or implied) your employer has breached. Also, such breach must be serious and fundamental.
  • Resign in Response: You must resign swiftly in response to the breach of contract.

Advice To My Client

I explained the above to my client and it was agreed I would firstly help her draft and submit a Formal Grievance. More information about Formal Grievances is available on our website at https://lincslaw.co.uk/blog/how-to-raise-a-formal-grievance/

However, we agreed to also submit a Without Prejudice letter alongside her Formal Grievance. The Without Prejudice letter is a private document and where you can put forward an offer of settlement to the company in return for leaving your employment and waiving your employment law rights. For more information visit our website at https://lincslaw.co.uk/blog/what-does-without-prejudice-mean/

Outcome

It was not long until a good outcome was achieved for my client. She had engaged with the Formal Grievance for a while – which I supported, but within a couple of months an offer was received which was very good. In essence, my client was awarded six months’ salary, and she received a good reference. It has given her the ability to take time before she finds new employment. She kindly sent me the following words at the conclusion of her matter:

“I just wanted to thank you for everything that you did regarding my employment situation and resolving it in my favour. Most of all I thank you for your understanding and empathy. Thank you!”

Lincs Law Employment Solicitors Can Help You

If you are facing difficulties at work, please contact us for a no obligation, free consultation. Simply call us on 01522 440512 and we’ll be happy to help. 

Lucy Stones, Associate, Specialist Employment Solicitor