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Original poster

Constructive dismissal, what sort of settlement can you expect? I hate this situation

22 replies

Uerrr · 02/04/2025 20:42

I’ve had some treatment from my manager that has been pretty bad. Whilst HR have not said it’s bullying, they’ve been clear they do not think process has been followed correctly and as a result I have been sidelined at work, my confidence knocked and I’ve been left with feeling like I am in a perpetually unpleasant environment. None of the reasoning behind this is backed up which I think has made HR back down quickly when I said I just can’t continue in my role and feel I have no choice but to resign.

I can tell we are nudging towards settlement as I don’t want to carry out a grievance and I’m pretty sure they don’t want to either. But I’m not sure where to position this. I think I could get a job within a few months but not immediately and I’m pretty miffed that I will be starting again after several years service. Grateful for any pointers here. I don’t want to instruct a lawyer (I know I would need one to sign a settlement)

OP posts:
FantasiaTurquoise · 02/04/2025 20:47

I don't know but I think you should call the ACAS helpline

Helen1625 · 02/04/2025 21:29

Uerrr · 02/04/2025 20:42

I’ve had some treatment from my manager that has been pretty bad. Whilst HR have not said it’s bullying, they’ve been clear they do not think process has been followed correctly and as a result I have been sidelined at work, my confidence knocked and I’ve been left with feeling like I am in a perpetually unpleasant environment. None of the reasoning behind this is backed up which I think has made HR back down quickly when I said I just can’t continue in my role and feel I have no choice but to resign.

I can tell we are nudging towards settlement as I don’t want to carry out a grievance and I’m pretty sure they don’t want to either. But I’m not sure where to position this. I think I could get a job within a few months but not immediately and I’m pretty miffed that I will be starting again after several years service. Grateful for any pointers here. I don’t want to instruct a lawyer (I know I would need one to sign a settlement)

I think you may well need a lawyer. They will instruct you on the process and give you an idea of what you are entitled to. If they want you gone, there is a negotiation to be done. Are they going to draw up a compromise agreement by which you mutually agree to part ways? I'm just wondering, if you're not raising a grievance, and you're not being sacked, then how will your employment be terminated?

They will start with a (possibly low) figure, you can say whether or not this is acceptable to you. There is also holiday pay owing etc. If you do instruct a solicitor, they will most likely ask as part of the settlement for a contribution to your legal fees as it's not your fault you find yourself in this position.

All the best, let us know how you get on.

ExtraOnions · 02/04/2025 21:45

“Not following a process” unless something illegal is happening, is not enough for a Constructive Dismissal Claim.

You have also not raised a grievance, and are continuing in your job, despite the described behaviour, if this ever went to Tribunal this can be taken as you “accepting” the behaviour. The Onus is on you to resign early, as what you are saying is that “the behaviour was so bad, you were not able to continue in your role” … but you have been able to continue in your role as you are still there.

Constructive Dismissal is quite hard to prove, your HR Team know that, and they know the longer you leave it without raising a grievance, or, resigning .. the less likely you are to win any sort of Tribunal Claim.

You can still look at trying to get some sort of payment out of them, so you leave immediately, rather than work out a notice period.

Not sure what you are expecting from them, do you have a figure in mind?

Original poster
Uerrr · 03/04/2025 08:13

ExtraOnions · 02/04/2025 21:45

“Not following a process” unless something illegal is happening, is not enough for a Constructive Dismissal Claim.

You have also not raised a grievance, and are continuing in your job, despite the described behaviour, if this ever went to Tribunal this can be taken as you “accepting” the behaviour. The Onus is on you to resign early, as what you are saying is that “the behaviour was so bad, you were not able to continue in your role” … but you have been able to continue in your role as you are still there.

Constructive Dismissal is quite hard to prove, your HR Team know that, and they know the longer you leave it without raising a grievance, or, resigning .. the less likely you are to win any sort of Tribunal Claim.

You can still look at trying to get some sort of payment out of them, so you leave immediately, rather than work out a notice period.

Not sure what you are expecting from them, do you have a figure in mind?

@ExtraOnions i thought where you are doing informal performance processes that these had to be fair? This is what HR have said and they’ve been clear that I’ve been subjected to unfair treatment.

I have been told I have a strong case for a successful grievance and I’m in the process of preparing it but it’s massively affecting my well-being and I really just want to leave. The process will take up lots of their time and surely it’s in both our interests to pay me to move on while giving me a buffer to find something new?

OP posts:
tanstaafl · 03/04/2025 08:51

I’d be actively looking for a new job now for two reasons.

The sooner you find out what the job market is the better.
Continuity of employment is the most important thing for me.

If that meant walking away from the unjust situation you find yourself in so be it.
Your mental health is suffering while you’re there.

LIZS · 03/04/2025 09:38

A successful grievance is not the same as proving Constructive Unfair Dismissal. If this is stressing you already then you would likely struggle to see the process through. What outcome are you hoping for?

Swiftie1878 · 03/04/2025 09:40

Your insurance may cover the legal costs for advice on this. Check it out.

Cannaeberught · 03/04/2025 09:41

I do think in this case it’s worth proper legal advice, these things can be tricky.

Original poster
Uerrr · 03/04/2025 10:00

I’m hoping they’d just pay me 6 months (including notice) and let me go immediately. Given the situation and if I stay they will have a lengthy process on their hands anyway

OP posts:
Swiftie1878 · 03/04/2025 10:04

Uerrr · 03/04/2025 10:00

I’m hoping they’d just pay me 6 months (including notice) and let me go immediately. Given the situation and if I stay they will have a lengthy process on their hands anyway

If they offer you 6 months and you’re happy with that, then fine. Make sure they pay for 6 months worth of accrued holiday as well though, and if you get any benefits (Private Health Insurance, Death in Service insurance, a company car etc), make sure they also pay you 6 months’ worth of of their P11d value.

ExtraOnions · 03/04/2025 10:13

Uerrr · 03/04/2025 08:13

@ExtraOnions i thought where you are doing informal performance processes that these had to be fair? This is what HR have said and they’ve been clear that I’ve been subjected to unfair treatment.

I have been told I have a strong case for a successful grievance and I’m in the process of preparing it but it’s massively affecting my well-being and I really just want to leave. The process will take up lots of their time and surely it’s in both our interests to pay me to move on while giving me a buffer to find something new?

Show quote history

HR are not there to look after you, HR are there to protect the Organisation. This is why we have Unions.

Have HR written down anywhere that it’s been “unfair”. Even if it was “unfair”, it’s still not a Constructive Dismissal.

People seem to bandy about “Constructive Dismissal” without really understanding what it is.

By staying, and not raising a Grievance, you are falling at the first hurdle when it comes to a CD claim,

If your grievance is sucessful, and dealt with by the Org, in a way you agree with.. again no CD claim there.

I don’t know your salary, but 6 months is quite a lot .. I would expect they useful Internal investigators, so I would be suprised if it came in at more than £10k.

Full payment of your notice period might be more realistic … but start high is always my advice.

Proper legal advice would be the right way to go, your Union shouod have someone available.

HappiestSleeping · 03/04/2025 10:19

ExtraOnions · 03/04/2025 10:13

HR are not there to look after you, HR are there to protect the Organisation. This is why we have Unions.

Have HR written down anywhere that it’s been “unfair”. Even if it was “unfair”, it’s still not a Constructive Dismissal.

People seem to bandy about “Constructive Dismissal” without really understanding what it is.

By staying, and not raising a Grievance, you are falling at the first hurdle when it comes to a CD claim,

If your grievance is sucessful, and dealt with by the Org, in a way you agree with.. again no CD claim there.

I don’t know your salary, but 6 months is quite a lot .. I would expect they useful Internal investigators, so I would be suprised if it came in at more than £10k.

Full payment of your notice period might be more realistic … but start high is always my advice.

Proper legal advice would be the right way to go, your Union shouod have someone available.

Show quote history

@Uerrr

What @ExtraOnions says is correct, however, even given that, some companies will pay out to save having to go through the process. It all depends on their appetite for reducing cost vs the hassle of the work involved in defending.

Some things to consider in the event that it does get to a settlement:

  1. You want to be able to agree the wording in any announcement to colleagues
  2. Your reason for leaving will be stipulated to be resignation (this should be the case anyway, but just in case) for reference purposes.
  3. You do not want to be bound over in any way from working in the same environment, or for a competitor unless they pay you for the entire duration of such a binding.

Definitely worth consulting a specialist employment lawyer.

DurinsBane · 03/04/2025 10:22

Uerrr · 03/04/2025 10:00

I’m hoping they’d just pay me 6 months (including notice) and let me go immediately. Given the situation and if I stay they will have a lengthy process on their hands anyway

That would be very generous, wouldn’t usually get that even if you won a tribunal. If they offer that, and you do want to leave, I would bite their hands off.

NowYouSee · 03/04/2025 10:28

You need good quality employment law advice here, constructive dismissal claims are very hard to win here.

I assume you’ve been employed over 2 years? Public or private sector?

Original poster
Uerrr · 03/04/2025 10:30

Part of the issue is I have not been given work for a number of weeks while it has been given to a new male colleague with no explanation. Nothing has been reasonable here and I’ve been at the company a few years

OP posts:
ooooohnoooooo · 03/04/2025 10:34

Hey. I was in this same situation, Got help from an excellent employment lawyer to help write a letter and negotiate a settlement. They had to pay for her time too.

I got 9 months' pay. The first £30k is tax free for you

Once you get to this situation then leaving is best for all concerned.

Amount will depend on a number of factors that the employment lawyer can advise on.

Good luck!

JustMyView13 · 03/04/2025 10:45

A good employment lawyer will recover their fee’s from your employer as part of the settlement.
For advice until that point there’s ACAS, and if you have home insurance which includes legal cover, you might be able to access assistance there.

Original poster
Uerrr · 03/04/2025 10:51

ooooohnoooooo · 03/04/2025 10:34

Hey. I was in this same situation, Got help from an excellent employment lawyer to help write a letter and negotiate a settlement. They had to pay for her time too.

I got 9 months' pay. The first £30k is tax free for you

Once you get to this situation then leaving is best for all concerned.

Amount will depend on a number of factors that the employment lawyer can advise on.

Good luck!

@ooooohnoooooo hey, thanks. I was hoping they would accept my proposal (or reach an agreement) without lawyers and then just get a lawyer to check the agreement. The reality is that this process with a grievance they do not want to have to do. And I don’t either.

OP posts:
mondaytosunday · 03/04/2025 11:01

Well just about everyone has said the same thing: get a lawyer. You may not want to but that seems the best way to get what you want.

ooooohnoooooo · 03/04/2025 13:15

Hi op. Yes that should work. Most lawyers are pragmatic and sensible and a good one won’t over intetfere. With mine I drafted and she beefed it up and made it legalese.

It’s a legal requirement for your employer to pay for legal advice for you if you are entering into a settlement in these circumstances so try not to worry too much about cost - lawyers will get paid direct by your employer. as long as their costs are reasonable you should not be out of pocket.
its a scary thing though using a lawyer if you aren’t used to it. But my experience was very reassuring and put my mind at ease a great deal

Swiftie1878 · 03/04/2025 13:43

Uerrr · 03/04/2025 10:51

@ooooohnoooooo hey, thanks. I was hoping they would accept my proposal (or reach an agreement) without lawyers and then just get a lawyer to check the agreement. The reality is that this process with a grievance they do not want to have to do. And I don’t either.

Show quote history

Using a lawyer does not constitute a grievance process.
Get some advice (as I said up thread, if you have a mortgage, your insurance policy should cover this) and put your best foot forward. Good luck!

BelleH24 · 16/12/2025 11:06

what was the outcome of this please,?

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