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Best advice line or drop in?

4 replies

EmmyLH · 10/07/2013 22:56

I need possible constructive dismissal advice (won't bore you all with the lengthy details). Can someone point me in the direction of some legal advice? Was thinking a employment law drop in would be good, if these things exist??? I want to make sure I'm doing the right thing before handing in my notice.

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FadBook · 10/07/2013 23:43

You can speak to ACAS for free independent advice (government organisation) and they will try to mediate the situation or reach some sort of agreement between you and the employer. They're a reconciliation service.

You could find an employment law solicitor, but they will charge around £400+ an hour so your case needs to be strong - most don't tend to take on cases unless they are likely to pay out (or they'll help you and take a lot of money for advice you could get for free)

Try Acas first for initial advice.

Have you followed the Company's internal complaints procedure (grievance)? Ideally, you should exhaust all internal procedures before resigning and claiming constructive dismissal through a Tribunal (if you got to a tribunal and won, your compensation may be significantly reduced for not trying to resolve internally)

EmmyLH · 11/07/2013 15:27

Thanks, Fadbook. I tried ACAS before but might try them again. I take your other points though. We have a grievance procedure but it's never mentioned as a realistic option, it's there as a legal requirement really so using it would be a very scary process indeed. Because of the situation, I'm not feeling very brave these days. Thanks for your helpful comments.

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FadBook · 11/07/2013 19:35

The other option is to carefully plan your exit and what you want out of it, including financial payout. This will entirely depend on the level you are at in the organisation.

So for example, a person I know left a position at an education establishment but prior to going requested a meeting with the Head of HR. During this meeting she constructively put forward evidence of unfair treatment, victimisation, bullying and discrimination with names of people who could verify examples of incidents. In the next set of paper work she handed over was her resignation and a template of a compromise agreement. She basically very calmly said - you can investigate all of this, spend 6 months doing so whilst the person is suspended, go through the disciplinary process of the person, either give a warning or dismiss which would then be appealed and ultimately affect the overall output of the department OR, pay me x and I will leave quietly

The HR person stated she'd never had an approach of a comp agreement like this. Within 24 hours, my friend left with a substantial payout.

Not my desired outcome personally (the bullying manager should be dismissed) but it was the result my friend wanted. Is this something you could do rather than go through a 'formal' process?

EmmyLH · 12/07/2013 19:54

Thanks, FadBook. Actually a friend suggested almost a similar thing. That I call a meeting, saying I am aware they would like me to leave and propose some sort of compromise agreement. My worry is that they may guess I have another job lined up (I'm sole earner so can't really do it before I find a new one) and call my bluff. So I want to make sure I have a good case really.... Plus I'm just not convinced I'm that confident. I really appreciate your advice though. It's really helpful to hear it from someone else.

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