Can someone run me through the process of a constructive dismissal claim please?

[wineonafridaynight]

I have a solicitor. Solicitor sent correspondence detailing how employer had acted unjustly, how much she felt the claim was worth in court and how much we would be willing to take to settle.

Employer came back and said they were defending themselves against the allegations so proceedings have now been lodged with the employment tribunal people.

I feel sick.

Can anyone explain to me what is likely to happen now?

Thanks you.

here

Thanks Scurry. Just had a read of that and it has sort of gone in. I just feel so ill over it all.

Do you (or anyone else) have experience of how long these things usually take? Or the percent of cases that tend to settle before court? I've tried googling but can't find details.

I'm a very nervous person, something which has been made much worse by this whole situation. The idea of standing up in court makes me feel awful.

I lodged a constructive dismissal claim against a former employer and they settled the day before we were due to go to court. I'm afraid they tend to leave it till the last minute and it depends on how much they value their reputation being dragged through the mud as to whether they settle or not (and how much they think you are likely to win).

It did take a pretty long time - about a year before my case went to court.

You don't have to pursue it if you don't want to and if you're finding it more stressful than just leaving it, you can tell your solicitor to just drop it. It's in your control.

I have not had experience of a tribunal,sorry. I am sure someone qualified to comment will be along soon.

You could always try mediation. ACAS will help out with thisto try and avoid it going to a Tribunal. Why don't you give them a call?- its free and they are really helpful and open long hours usually.

(PS I don't work for them - though it does sound a bit like that above!)

Thanks everyone. :) I really appreciate the advice.

Ladybiscuit - it's very interesting to hear about your experience. I keep being told they won't settle until the last minute and I expected them not to at this stage. For some reason written in black and white really upset me.

I feel that for my own sanity i do need to pursue it. This has really knocked my confidence. I'm struggling to get new work and am blaming myself for everything that happened, despite the fact that I don't believe this is my fault! I feel so down on myself that I don't even want to get a job back in the same field again as I feel that I must be useless. I also wonder if I will even be able to - at least in the same geographic area as I live in as people in this industry do talk.

In terms of their reputation, at what point will the general public find out about this? I've assumed only if it was to go to court and only then if I allowed the solicitors to use the case for media purposes. My old employers are a big company but then the details of the case are pretty dull.

Finbar - Thanks. I called ACAS when all of it was going on and I didn't find them much help sadly. I know they are supposed to be independent but it didn't feel that way. I also don't think I could bare to face my ex-employers again. They have knocked so much out of me in the past six months that dealing with them directly is too much! Facing them in court will be bad enough and I'm going to have to work on some kind of coping technique so that I don't break down in front of them!

I'm also scared that the fact that I worked a months notice will go against me in court as it shows that I could have stayed there. I certainly couldn't but I'm worried that that's what the court will say.

Thanks for everyones advice and talking this through with me - I needed to talk to someone and DP is so matter of fact about things that his response was 'well we knew that they would fight your claims'.

I really remember that feeling - it's horrible. FWIW I work in a very niche field where everyone knows everyone else and my employer was a very big name but I got another job very quickly with a competitor. So I'm fairly sure your inability to find another job is down to the sluggish market, rather than anything more sinister.

The media coverage is only if you go to court and only if the hacks think it's an interesting enough case to bother to cover - your solicitor won't have any control over it. Mine was sexual discrimination which is always popular!

I'm really glad I pursued my case, despite the stress. Actually once I'd left the job, all the hideousness was over and my solicitor had all my chronological accounts of what had happened, it all went very quiet up until the tribunal. So to a large extent, I could put it pretty much out of my mind. To me, it wasn't about the cash, it was about being vindicated when I knew I was right and they'd treated me appallingly.

Good luck with your case :)

Thanks Ladybiscuit. I'm feeling much happier after posting here.

I don't think my case will be particularly interesting. It's a very dull face didn't fit so we'll force her out scenario!

I'm glad your claim was successful and that you found another job. I just need to keep trying I guess and stay positive.

:)

Don't bank on out of court settlement. I recently defended a case and the pre tribunal judge threw it out.

If they are defending it the. Believe they have a good case.

Do you have evidence?

Hi, bit confused by your original post - you are bringing a claim for constructive dismissal but don't want the case to be heard? its a financial settlement thats important to you? if they are defending the case then it doesn't necc mean it will get to a hearing - there will be a pre-hearing etc first (normally over phone and normally done by solicitor for you). they may still settle - they can do this even on the day (although frowned upon by tribunal chairperson).

bringing a tribunal case is stressful - but as other posters have said -its your case and you can drop it at any time - or they may pay you off just to get rid of the nuisance of it all.

remember, tribunals are making a judgement on whether an employer has acted unlawfully, rather than unjustly. people can be unreasonable, unjust etc and still not have broken the law.

hope you get another job soon

well my reading of this is pretty clear - they are calling your bluff.. so call theirs.. even ask your solicitor to submit tribunal documents - you have nothing to lose if you've left. the month's notice is, i think, a red-herring ( you and yuor solicitor can easily position it as demonstrating how reasonable you are under considerable pressure and adversework conditions, quite reasonably it could have given them a good chunk of time to try to resolve the issues/have a proper exit interview etc).

Your solicitor has, wisely and reasonably given them clear cost warnings and a tribunal will respect that as 'being reasonable'.

Your employers are probably reading this tactically as an indication that you want money and perhaps think that they will use the (traditionally lower) tribunal predicted settlement to pressure you lower in a negotiation - so somehow give some gentle signals that you are seeking a public decision might help (ask youor solicitor if you think this has essentially become a negotiation or not)

They could win a tribunal case on constructive dismissal, but so could you, and they will probably be much more concerned about negative publicity and/or regular criticism at tribunal than you are, not to mention that a tribunal case will be more expensive for them than you as it will be HR time, legal time, press office time etc etc and costs are not awarded to either side.

Get your solicitor to ask the challenging and aggressive questions and even submit your statements, so that again you are seen to be being reasonable,(but just have a hard-ass solicitor) this will allow you and them wind-back space in the case of negotiation.

When negotiating, get a list of embarrassing procedural, policy and other screw-ups that will 'come out at tribunal and will be damaging' so that you can plkay these cards via solicitor when negotiating - up your settlement amount if they offer to settle on the doorstep at least by three steps of debate. (eg 'you said £45K, but I consider now that it will take three years to get to the same stage in my career, lets split at £60K) as they will be under considerable pressure if they do this.

Tell your solicitor that you feel sick and stressed in writing - this will help, and allow more adjournments if necessary.

Tribunals typically have one employer expert, one very experienced Union rep and a judge - who will question the employer harder than you.

Good luck!

oops also I read through the sickness element - what you are experiencing is normal, but GO TO YOUR GP also consider paying for some counselling re coping strategies - no doubt you are claiming compensation because of stress, damage to your self-esteem, damaging of fture career prospects- your employer may say that you haven't taken enough action to mitigate stress and if you have paid and attended several counselling sessions you can push this back at them and say 'yes I have'...

ooh and also go as an observer to several Employment tribunal cases - you are entitled and it will help take away some of the fear. ETs are in most major cities, birmingham, london etc.. and a call and early arrival should be all that's needed - you can even ask for a constructive dismissal case and they may well oblige!