Claim for constructive dismissal

[angelpie23]

Hello

I wonder if anyone would be able to advise please.

I am putting in a claim for constructive dismissal, but am unsure on the time frame allowed. Is it three months from my leaving date or in my case, three months from when my flexible working was denied?

Thanks

It's 3 months from your leaving date. Do you feel you were constructively dismissed because they turned down your flexible working request then, or was there more to it?

Hi

I feel that careful consideration was not made towards my application and they have not made any attempt to find me anything else within the Company which has left me with no option but to resign.

If that's all there is to it you will struggle with a constructive dismissal claim. Presumably your job is available on your old hours, you just don't want it? They are not obliged to find you something else if you don't want what you have.

They do have do give proper consideration to flexible working requests, and you can appeal their decision (as I'm sure you have already) if they don't, and ultimately can bring a tribunal claim about the flexible working procedure not being followed. A tribunal can then force them to consider the request again properly, but that wouldn't normally be combined with a constructive dismissal claim unless there's an awful lot more to it than you describe.

Thanks - my solicitor has accepted the case. I just wanted to know what sort of time frame I was looking at as I was unable to contact him today.

Well if a solicitor is already working on your case for you, if the deadline was imminent I'm sure he would have told you.

Hi there,

I am assisting with an employment tribunal on this very same things.

If you quit you will have 3 months in which to make a claim. It?s important that once you feel a breach of contract, or unworkable conditions, becomes apparent, that you begin to rectify any situation as quickly as possible. If you conclude that a resolution is impossible, resign as quickly as you can without delay. You will then have a strict three month period where you can apply for an employment tribunal to investigate your claims.

Thank you McKenzie13 - there has been so much going on that I wasn't sure where the three months came in to it. So, I have handed in my notice whilst on Maternity Leave which will be effective from 2nd September - I assume I will have three months from this date?