letter re constructive dismissal

(6 Posts)
chitchatter Sun 11-Jan-09 22:36:44

Hi,
After months of being off sick with work stress I can't take anymore. I feel I am being forced to resign ....too many details to go into here but put in a grievance months ago and they just delay and delay so no resolution. My question is - I want to resign saying that due to the behaviour of my employer I have lost all trust and confidence and that my health is deteriarating as a result of their inaction and lack of duty of care. Can anyone advise : Is there a specific set of words I should use in such a letter? And do I say that I intend to lodge claim for constructive dismissal and seek any other legal remedies available to me ..... help with wording please?!

CandleQueen Mon 12-Jan-09 09:02:18

You need FloweryBeanBag probably. She's a whizz at this sort of thing. Consider this your morning BUMP!

flowerybeanbag Mon 12-Jan-09 13:40:59

What you want to say sounds fine. Do you actually intend to bring a claim for constructive dismissal? I wouldn't say it unless you are planning to, and I would advise you to see a solicitor first. Claiming constructive dismissal is difficult to prove, very stressful and can take months so I would advise a proper discussion with a solicitor at this point to go through everything that's happened, work out how good a case you might have and whether it's worth bringing a claim.

aandme Mon 12-Jan-09 18:34:12

Take a look at www.amibeingfired.com and www.iresign.co.uk - lots of useful info on there. Good luck

chitchatter Thu 15-Jan-09 17:08:45

Can I resign saying that I feel I have been given no choice and say I am seeking advice? ie. not at this stage state about going for constr dismissal? Getting hold of a solicitor isn't easy and can hardly bear to talk about it all at present. Can I go back in say a few weeks after I've resigned and say then that I'm taking them for Constr dismissal or do I have to say those actual words in a resignation letter? If I put in for a claim now and then in a months time decide to drop it what are consequences? Very hard to think straight when in thick of it all and very stressed and angry
Any useful words for a resignation letter still appreciated.
Thnx

flowerybeanbag Thu 15-Jan-09 19:16:20

You don't have to say about a claim for constructive dismissal in a resignation letter, saying you feel you have been given no choice and are seeking advice is fine. All the things you've said for a letter are fine.

Have you tried getting hold of a solicitor? Why is it not easy? Have you checked your house insurance? Often there is provision on their for legal cover. Plus lots of solicitors will give you a half hour or so consultation free to give you an idea if you have a claim worth bringing or not.

If you put in a claim for constructive dismissal then drop it the only consequences really are the legal costs you will have incurred.

If you are going to resign anyway regardless of whether you put in a claim, then do so, give your month or however long it is notice and say the things you've said about being given no choice, no resolution to grievance, lost trust and confidence, all that stuff.

Then go to see a solicitor as soon as you can to work out whether you can put in a claim and whether you want to.

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