finding new job while grievance letter has been sent off

[malibu666]

Hi. Really need some advice please. Maybe someone has been in this situation before. I am currently signed off sick because of stress at my work place and gp's note states that clearly, however i found another job while i am off sick. I have raised a grievance against my official work place, and investigation is due to be started, however not sure if i should sign an employement contract at new job if that could cause problems to myself. Any advice would be appreciated.

Why do you think signing your contract for your new job might cause you problems?

Because i havent resigned from my current job yet. Furthermore, instead of doing this i have raised a grievance, and in addition to all of this i am signed off sick

But presumably you will now resign?

That is great that you have found a new job! Now hand your notice in in writing, are you receiving ssp?

What is the grievance for? Are you likely to win?

Yes. I am willing to win. The grievance is all related to the constructive dismissal. That's why i am wondering shall i wait first for the investigation to be carried regarding my grievance letter while complaining about stress, change of position, promises regarding my career being broken down and unpaid holiday or shall i write a resignation letter without waiting for the outcome of grievance investigation and mention all the same details in my notice. Just want to do everything correctly without causing problems to myself.

CurlyWurlyCake, yes i am receiving ssp from my current company

You don't need to repeat your grievance in your resignation letter. Assuming you want the new job it would not be sensible to keep them hanging while you go through a grievance process.

When you resign I would expect your current employer to ask whether you want to proceed with the grievance anyway. Its up to you and partly depends what the details are and what your motivation is for bringing the grievance- what outcome you were looking for.

Just to be clear, as you have a new job to go to it wouldn't be worth going ahead with a constructive dismissal claim if your grievance isn't upheld, because compensation would be based on financial loss, and you are unlikely to have much if any financial loss to demonstrate.

I gor t your point flowery however i dam not willing to let my current empliyer to escape just like that. As the damage which has been done to me is very serious and the outcome i am expecting of course is financial compensation for what they made me to go through. I just dont want to brake any part of employement law by starting new job while still off sick at the current one. And the reason is clearly stated in the sick note that it's all about the place i am working at. Sorry if i am not clear enough but as i expect you to understand cant tell too much in order to make it too clearly visible who i am if someone from my colleagues would belong to this group

It's entirely up to you, but I would caution against letting a (perfectly natural) desire for revenge influence a decision about your future.

You have two options.

1. Accept the new job, hand in your notice then skip off into the sunset happy in the knowledge that you won't have to speak to your current employer ever again.

Or

1. Decline the new job, stick where you are, on SSP, go through a lengthy stressful grievance and grievance appeal process, then (assuming you have a watertight constructive dismissal case, which is unusual), put in a tribunal claim, instruct a lawyer (probably), pay a fee to bring a claim, go through months of back and forth, correspondence and hassle before you get near a tribunal and then if you have managed to get yourself another new job, seeing not much at all in the way of compensation. It will be an incredibly stressful, expensive and miserable process which will dominate your life for months.

Know which I'd choose.

I always think a good way of making decisions in life is to do whatever's right for you, not what's wrong for someone else.

You are in danger of [to be blunt] fucking up a reference if you want to make your old employer pay for whatever has happened.

And that will only hurt you, not them.

Also, to file a constructive dismissal claim, don't you have to have actually left the company? www.gov.uk/dismissal/unfair-and-constructive-dismissal

And you don't get financial losses unless you have actually got financial losses; if when you calculate them you have already got a job, and they find out you rejected it just to get one over on the company - you may find out that they decline to award you any financial compensation at all. Have you got a lawyer representing you or are you doing all this on your own?

Thank you flowerly for your time reviewing my problem. I have already had a meeting with a lawyer and this issue has been raised by her when i was going through all the details of my current working conditions. Well anyway thank you. Will have a good think of what would be the best decission.

Funky, that's why it is a grievance at the moment not resignation. And while i havent signed up paperwork i am just seeking for an advice or opinions

i am just seeking for an advice or opinions

Aye I can see that. But you already have a legal representative who presumably knows the full story and the law? So all the opinions in the world won't change the advice that she is presumably being paid to give you.

Whilst opinions and advice is great, we won't know a fraction of the info the she does. My recommendation is to speak to your lawyer rather than go on what anyone on here says - including me.

You need to separate these in your mind.

First question to answer...do you want this new job? If yes, resign from current job and take it.

Then address the grievance. You can still take forward the grievance even if you've resigned.

OP, I agree with flowery - constructive dismissal will only compensate you for actual financial loss, so you won't get comp for any psychological injury they have caused you. To get comp for injury you will have to pursue through the civil courts, and it's difficult to prove.

In an employment tribunal You will also have to pay out £1000 up front to have your claim heard, which you will lose if your claim is not upheld.

If you have found a job to go to just resign and move on with you life.

Fanjolina, the employer is under no obligation to investigate the claim of a former employee.