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Is it too late to make claim against Company.

1 reply

bobby39 · 04/03/2013 23:59

In July of last year I was being hounded out of my job. I wanted to make a claim
for constructive dismissal and had kept a lot of emails as evidence, at this time I discovered I was pregnant and was very stressed and ill and exhausted with the worry as the Company were also trying to demote me and move me to a different area. I didn't tell them I was pregnant as they probably would have sacked me. I resigned with immediate effect rejecting the demotion. and threatened them with constructive dismissal. I didn't pursue it as the Solicitor said it could have cost me up to 5k. I worked in a shop that had a history of armed robberies, in fact when I left my replacement Manager was a victim of two robberies and injured by a door in the space of about three weeks. Lots of health and safety issues as well. I suppose my best plan would have been to try to try and get Maternity leave . I was also worried about the safety of myself and my baby and very depressed at the time. Have I missed the boat. I know the rule after leaving is within three Months to make a claim. Could an exception be made because I was so stressed. I was also sick throughout the whole of my pregnancy. I am glad to be out of there but struggling on benefits and kicking my self.

OP posts:
prh47bridge · 05/03/2013 09:47

As you are out of time the tribunal will only consider your case if they decide it was not reasonably practical for you to start action within the three month time limit.

Note that it is difficult to win constructive dismissal claims. If you did not go through a grievance process with your ex-employer prior to resigning they may claim that if you had stayed and lodged a grievance your concerns would have been addressed.

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