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jackieandwayne

Would like a bit more info re constructive dismissal

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Thank you

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Hi, I'm currently reading up on this whilst my Union hums away in the background on my behalf. I recently found this:

 

For claims made before 4 July 2009, based partly or completely on events which took place before 6 April 2009, you must follow the statutory grievance procedure first, giving your employer 28 days to respond. Otherwise, the employment tribunal may refuse to hear your claim. This will no longer apply to claims lodged from 4 July 2009.

 

What i want to learn about now is what has changed and what happens after 4 July 2009, and wondered if one of you lovely employment experts can point me to a site or link where i can gen up on it?

 

Very grateful to you, thanks.


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essentially before April the procedure was statutory. failure to follow the procedure automatically made the dismissal unfair. It should be noted also that following the procedure didnt mean the dismissal was fair..

 

In april the statutory was repealed, and is now a code of practice and non statutory guidance, therefor there is no longer an automatic unfair dismissal.

 

employers however are still expected to follow the ACAS code unless it is utterly futile to do so

 

there is a transitional period

 

old arrangements to be followed for dismissal/disciplinary/step 1 or step 2 befpre 6/4/09, or

incident leading to grievance before 6/4/09 or

continuing action but written grievance or ET1 before 4/7/09


:D Actions in progress

Natw West on hold pending test case

LLoyds claim 3 on hold pending test case,

 

:lol:Claims Settled

LLOYDS TSB x 2 WON,

MBNA WON,

A&L WON,

GE Money x 2 WON , c

o-op visa WON, capital one visa WON,

Halifax (o/h) WON,

capquest, WON

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Thanks guys - soaking it all up - I can't really put on here my situation because I could be identified, however, lets just say since they are talking rather sizeable compromise agreements methinks they are seeing things my way! But when its all done and dusted I certainly will post it all up so others can learn from it. I don't care if I lose, they still have to attend, the culprits will still sweat whilst its ongoing, and they will have a legal bill, and I won't. Since I am the THIRD person this year to consider such action, I think they'd better look at their practices! We've ganged up on them.

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