Can anyone advise me about constructive dismissal?

[LegalWorries]

I need some proper legal advice about whether or not I have a case for constructive dismissal.

I'm happy to pay a fee for this, so if you can help, please can you let me know? I'll PM you my situation.

TIA

[LegalWorries]

Bumping!

[Twinklyfaerieglade]

Have you resigned? Constructive dismissal only kicks in once you have already resigned.
You need TU and solicitor advice about your circumstances and chances of winning at tribunal.
If you are deemed to be totally innocent (rare, employers can usually find something to undermine your case) you could get £70-80k.
If you partially prove your case you may get a smaller amount.
This is just very basic advice. Please go to a solicitor, possibly via your TU if you have one and give them all the facts. They will then give you a much more accurate assessment

[daisychain01]

legal you're welcome to give a brief outline of the situation on here and it is normally possible with a few key facts (without outing yourself) to give you an opinion whether to take it forward and invest in some advice from a RW solicitor.

In general terms constructive dismissal cases prove extremely difficult (but not impossible) to win at Tribunal mainly because they can be technically complex and hard to prove.

Have you already resigned?

[19lottie82]

Constructive Dismissal is VERY hard to prove. I think something in the region of 3% of cases are successful.

[Singlenotsingle]

CD is defined as a fundamental breach of your contract of employment, which leaves you no alternative but to resign. If you own your house you may find there's a free legal telephone helpline with your house insurance

[LegalWorries]

I have already resigned. I'm not in a TU.

Basically, I was put on a performance management review, but the way it was handled didn't follow the ACAS Code of Practice. e.g. I had no warning that this was to happen, nothing in writing in advance of the first meeting, didn't make it clear that I could have someone attend the meeting with me, nothing documented in writing until I requested it, no opportunity to discuss/negotiate/agree the objectives set for me.

Never made clear to me what the process was (or if it was disciplinary or capability) and nothing available to me internally about what the process involved or what would happen at each stage of the process.

From what I've read, this would form the basis of a claim. But I know that I need to take proper legal advice before I decide if I go down this route.

[LegalWorries]

What's a RW solicitor, by the way?

[happyguineapig]

How long were you employed ? If less than 2 years you won't be able to claim unless discrimination

[VanGoghsDog]

There is no Acas Code for performance management review.

RW = real world I assume.

[daisychain01]

It sounds like they were careless in how they managed the process but if you have less than 2 years' service with them, they've done the bare minimum needed to say they did "something". Reality is they can dismiss you for pretty much anything in this scenario unless you have a protected characteristic supported by the Equality Act eg sex, race, being pg (a separate char to sex).

Also, it's important to have strengthened your case by ensuring your resignation letter included the reason ie that their actions left you no alternative but to resign, that their treatment of you was a breach of confidence and trust. Often 'the final straw' is also used to show what triggered the resignation.

This is why I and others mentioned how tricky CD is. The lack of precedent for Tribunal successes doesn't help. Most of the time if there is merit, the company will pay off before it gets to Tribunal to avoid negative publicity. It's impossible to give a figure - £70-80k is misleading and on the extreme end of settlement unless discrimination involved, then it's the discrimination. that is the deciding factor not the CD.

[daisychain01]

m.acas.org.uk/index.aspx?articleid=2174

^ this is the ACAS good practice for disciplinary and grievance which includes reasonable behaviour for managing the process.

[LegalWorries]

Thanks all - this has been really helpful.

Just for clarity, I've been with the company over 4 years.

I outlined all the reasons in my resignation letter as well.

I don't really want to go for CD because everything I've read/heard suggests that it's a difficult process and, frankly, this has already been a stressful process. But I'm trying to gauge whether it's worth it or not. Doesn't sound like it is ...

[LegalWorries]

That's great - thanks very much!