Feeling VERY low ... here is what my solicitor said:-
"Claiming constructive dismissal is a very high risk strategy. The authorities are quite clear that it is not enough for the employee to leave merely because the employer has acted unreasonably; the conduct of the employer must amount to a breach of the Contract of Employment.
Historically, in order to claim it is necessary to show four conditions:-
- That there is a breach of contract by the employer;
2.That breach must be sufficiently important to justify the employee resigning, or else it must be the last in a series of incidents which justify resignation,
3.The employee must leave in response of the breach and not for some other, unconnected reason;
4.The employer must not delay too long in terminating the contract in response to the employer?s breach.
Since October of 2004, before raising a complaint to an Employment Tribunal, an employee, subject to certain exceptions, should have raised any grievance in writing and have waited at least 28 days before presenting any claim to the Employment Tribunal relating to that particular subject. A premature claim will be automatically rejected by the Tribunal, although it may be presented again once the written grievance has been raised and a period of 28 days has again been expired.
I note that you were advised of a right of appeal, but declined to exercise that right. There is a strict time limit for claims to the Employment Tribunal, and the claim must be lodged within 3 months of the date of termination. This is very strict and you should pay particular attention to the time limit."
I never said I'd been told I could appeal, I just knew that I had that right!!! Now what? ...