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Anyone taken their employer to a tribunal for constructive dismissal?

(4 Posts)
Bloodystumperlicious Sat 18-Oct-08 18:33:32

DH is about to do so. It all a bit complex, don't want to go into detail, but he is with the union who think he has a really good case and their lawyer guy is sorting it all out for him, but I just wanted to know other people's experience. How long does it take? What's the process?

flowerybeanbag Sat 18-Oct-08 19:08:55

There are definitely some about who can talk you through how it went for them. I'm bumping for you but maybe try posting in Employment as well?

I seem to spend an awful lot of time on here advising people to think very carefully before they do this. It can take months, be extremely stressful, expensive and time-consuming, and as compensation is limited to financial loss, if the person gets another job in the meantime (and they are expected to look for one), the amount may be negligible.

If you don't want to go into detail of course that's fine, but just thought I'd chuck that in just in case your DH is being advised that it will be dead easy or anything!

Hopefully some people will be along who have done it to give you some idea. Have you tried searching the archives?

Bloodystumperlicious Sat 18-Oct-08 21:08:33

Don't worry flowery, he is being advised by the Union's top lawyer, and isn't costing him anything they are paying. They think he has a really good case, else they wouldn't pay for it, though he has said to DH that obviously there are no guarantees. He seems to know his stuff and as he is the union's lawyer and the union covers two companies, he has dealt the companies and their top bods on many occasions.

I think I have mentioned the situation to you before flowery, but ended up getting the threads deleted as I had gone into too much detail and didn't want the company to come across my posts! They basically let him work PT on a trial basis then after the trial refused to let him continue without a valid reason, forcing him to leave as they were insisting he work FT but we both share care of our LO. They also didn't follow any of the correct procedures in the initial flexible working request, or during the trial period, reviews etc. They are just generally wankers but I don't think you can sue for that grin

flowerybeanbag Mon 20-Oct-08 12:24:44

Oh it's ringing a bell yes, and sounds pretty bad I agree. Sounds as though he's got decent advice and support though which makes a big difference.

Good luck with it!

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