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Original poster

letter re constructive dismissal

14 replies

chitchatter · 11/01/2009 22:36

Hi,
After months of being off sick with work stress I can't take anymore. I feel I am being forced to resign ....too many details to go into here but put in a grievance months ago and they just delay and delay so no resolution. My question is - I want to resign saying that due to the behaviour of my employer I have lost all trust and confidence and that my health is deteriarating as a result of their inaction and lack of duty of care. Can anyone advise : Is there a specific set of words I should use in such a letter? And do I say that I intend to lodge claim for constructive dismissal and seek any other legal remedies available to me ..... help with wording please?!

OP posts:

CandleQueen · 12/01/2009 09:02

You need FloweryBeanBag probably. She's a whizz at this sort of thing. Consider this your morning BUMP!

flowerybeanbag · 12/01/2009 13:40

What you want to say sounds fine. Do you actually intend to bring a claim for constructive dismissal? I wouldn't say it unless you are planning to, and I would advise you to see a solicitor first. Claiming constructive dismissal is difficult to prove, very stressful and can take months so I would advise a proper discussion with a solicitor at this point to go through everything that's happened, work out how good a case you might have and whether it's worth bringing a claim.

aandme · 12/01/2009 18:34

This reply has been deleted

Message deleted by MNHQ. Here's a link to our Talk Guidelines.

Original poster

chitchatter · 15/01/2009 17:08

Can I resign saying that I feel I have been given no choice and say I am seeking advice? ie. not at this stage state about going for constr dismissal? Getting hold of a solicitor isn't easy and can hardly bear to talk about it all at present. Can I go back in say a few weeks after I've resigned and say then that I'm taking them for Constr dismissal or do I have to say those actual words in a resignation letter? If I put in for a claim now and then in a months time decide to drop it what are consequences? Very hard to think straight when in thick of it all and very stressed and
Any useful words for a resignation letter still appreciated.
Thnx

OP posts:

flowerybeanbag · 15/01/2009 19:16

You don't have to say about a claim for constructive dismissal in a resignation letter, saying you feel you have been given no choice and are seeking advice is fine. All the things you've said for a letter are fine.

Have you tried getting hold of a solicitor? Why is it not easy? Have you checked your house insurance? Often there is provision on their for legal cover. Plus lots of solicitors will give you a half hour or so consultation free to give you an idea if you have a claim worth bringing or not.

If you put in a claim for constructive dismissal then drop it the only consequences really are the legal costs you will have incurred.

If you are going to resign anyway regardless of whether you put in a claim, then do so, give your month or however long it is notice and say the things you've said about being given no choice, no resolution to grievance, lost trust and confidence, all that stuff.

Then go to see a solicitor as soon as you can to work out whether you can put in a claim and whether you want to.

Winterflower25 · 15/03/2018 18:21

Hi I have had my appeal on a grievence and have to get back to him tonight or he'll assume I want to resign as stated. I do want to resign but from today. So what can I say in letter as feel he'll try to say it was before grievence outcome so I can't take to tribunial please help it's making me I'll.

daisychain01 · 15/03/2018 21:57

Winterflower I presume you are talking about your manager?

He cannot just assume you've resigned if you haven't. If you intend to resign from your employment you need to do it in writing, and if you want it to be effective from today then date your resignation letter today, and state "with effect from the date of this letter" so it's clear.

I presume also that you are claiming constructive dismissal (as you've reactivated a 9 year old thread about that topic. Btw you ought to start your own thread not use someone else's ).

Winterflower25 · 16/03/2018 09:01

I'm sorry this is just what came up on Google when I typed in resignation letter. Didn't notice nine years ago or on someone else feed. New to this sort of thing.I haven't really thought about what to do, not sure of my rights ect when it comes to having no choice but leave. Sorry again was just looking for help. Kind regards

daisychain01 · 16/03/2018 15:43

You can always start a new thread and give a brief outline of what your proble is, there are people on here who can help and support, but probably need a bit more info to give you any useful advice

daisychain01 · 16/03/2018 15:43

Problem that should say.

Winterflower25 · 16/03/2018 20:12

Thankyou that so kind, I figure that out lol.

Clairec2018 · 02/08/2018 02:52

Would like help with this if someone could contact me. I've went 3 times to my director to verbally raise concerns and asked to be transferred after being bullied by my new manager on a daily basis. The first was feb 18, then april 18, then may 18.
However nothing was ever done about it.
My doc signed me off on sick leave at the end of June as I was at my wits end and my health was suffering rapidly.
I then emailed my director formally asking for a transfer due to the ongoing situation.
He replied a few days later saying he was taking it as a formal grievance.
I replied and said I never wanted to go down the grievance route, I just wanted a transfer.
He replied back saying it was just a chat, and not to worry but I was to attend the chat with reasons why I wanted a transfer and to give evidence for it
The night before the meeting was to take place I forwarded him my reasons for requsting a transfer letter. I included hard evidence of bullying and my medical state.
He postponed the meeting due to the content of my evidence but said he would get back to me.
I'vebeen waiting on a reply for 8 days now and nothing.
I am considering resigning and going down constructive dismissal route as all my attempts to resolve the issue have been ignored and it's literally ruining my life and I have no faith in my employer to look after me or take on board my issues.
If anyone can help me, I would be very grateful
Thanks in advance!

prh47bridge · 02/08/2018 09:35

You would be better starting your own thread.

Constructive dismissal is very hard to prove. If you resign at this stage and take your employer to tribunal they will simply say that they would have resolved the issue if you had given them time to do so.

Whilst this has been going on for a while, it sounds like you have only given them evidence of the bullying a week or so ago. If that is the case you need to give them time to deal with it. If, for example, your evidence has resulted in them starting disciplinary action against the manager involved it could be a while before they are in a position to say anything to you.

Clairec2018 · 02/08/2018 16:56

Hi
thanks for your response. I started a new thread as suggested.
I verbally spoke to them regarding these issues on 3 separate occasions before sending it in writing.
However I see where your coming from as once its on record, I would like to think they will take it seriously.
Its the lack of contact after calling off the meeting at the 11th hour last week that is getting to me.

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