Constructive dismissal

[typos]

I'll make it brief because I shouldn't really be in AIBU asking this question and you're a scary bunch!

A friend has a very well paid job, they've performed very well at and exceeded all targets. However the company is going bust and the boss has become very difficult to work for because he's obviously under a lot of stress etc. Friend has not not paid a considerable amount (couldn't pay mortgage) it's her monthly preagreed commission and then the didn't receive her weekly pay the following week. She's gone off sick with stress and panic basically. We will be contacting acas I think their called etc but my question is if she goes for constructive dismissal can she claim via her resignation letter the 6 week notice period pay? The bottom like she's going she wants what she's entitled to but she doesn't want to take the piss as she doesn't have the energy for the fight unless it's fair she asks for it. Constructive dismissal reasons most likely - breach of contract but also not bloody paying. Thank for any help and sorry if there's typos I'm tired but trying to help a friend that's really struggling!

I’m no expert but if a company s going bust, I’d say it’s time to find another job.

Tell her to speak to Citizens Advice.
If the company is going bust then its likely she won't even be paid back wages, let alone anything else owed. She needs to get out of there and start damage limitation.

I'd go straight to an employment solicitor while looking for another job personally.

Not being paid isn’t grounds for constructive dismissal, but do get an employment lawyer assp.

Actually, not being paid is one of the easiest grounds upon which to claim CD. There is settled case law to suggest that even a variation of £1 to pay can amount to a fundamental breach.

I am an employment lawyer - your friend just needs to show that her employer fundamentally breached her contract, and that she resigned without delay in direct response to that breach. If she continues without resigning she may have “accepted” the breach and may find a claim more difficult.

It is possible to pursue a claim against an insolvent employer, but you need the Tribunals permission to do so. And realistically as an unsecured creditor, she would be unlikely to receive much.

However, unless things have changed (and I admit it’s been ten years since I’ve had one of these claims) then I believe it’s possible to claim notice pay, redundancy and holiday pay from the insolvency service.

Thank you all for your replies. Just to answer a few generals questions, she has already we believe secured a new role (just waiting for confirmation in writing, so she's still nervous but the job offer came from a contact who knows her work so pretty positive) and she has decided to go for CD and we aim to send that in on Sunday/Monday. We also think the firm will limp on (very unethically for a few more weeks) so we are not going to hang around!

MrsPC ... thank you very much for your reply very kind, reassuring and we will put the advice to good use tomorrow. Much obliged!