Unfair Dismissal - any advice? *SORTED*

[Rams75]

A long and involved story but the crux of the matter is:

 

I was unhappy with my employers behaviour in April of this year and tendered 1 months notice of my resignation.

 

My employer instigated a grievance procedure. This consisted of me and 2 otheres being interviwed. The other 2 were the MD and Office Manager.

 

ACAS were brought in to mediate. I asked to see the other 2 statements but was refused. I explained to ACAS that at no point was I refusing mediation but would prefer to see the statements. Once again this was refused. I then made an application to the Data Commisioners Office to see the documents.

 

At this point - August - my employer sent me a letter saying that as I had refused mediation they were now accepting my resignation.

 

Can they do this?

 

I have already filed for the employment tribunal and ACAS are again involved to mediate.

 

Do I have a strong case for unfair dismissal??

[Rams75]

Secondly

 

I am happy to take a few bob and get over it.

 

Whats the best way to go about this?

 

What amount should i settle for? etc

 

ANy help much appreciated.

[Flippa]

When you say you were unhappy with your employers so tendered your notice, in what way?

 

I feel that this would be the crux of your issue, You can't take them for UD for accepting your resignation but it is the issues leading up to you feeling that you had to resign that matter.

[ukaviator]

Hi.. If there were statements made against you, then you should be able to see them.There is no case to answer if you are not allowed to see them.Employers use the 'Reason to believe' bit in their cases against employees and often get away with getting rid of someone they don't want.We need a bit more information if we are to help.

 

Uk..

[Rams75]

Hi Guys

 

The initial issue was an "appraisal" where both the \md and \office manager were present.

 

However my understanding is that once the initial notice period had lapsed it was no longer there to be accepted and as such there acceptance of the now lapsed offer to resign amounts to dismissal.

[baconbuttyman]

have you considered constructive dismissal?

[Rams75]

Yes Buttyman

 

I can try for that but apparently its very difficult to get a favourable result.

 

If this claim doesnt succeed i may go for it - more for nuisance value than anything else.

[killsville]

My partner is just about to start a case for Constructive Dismissal against her employer of 15 years.

 

I have a relative who is a solicitor and he says that such cases are difficult but one thing I have learnt is to check your household insurance. The legal expenses section, in most cases will cover the costs of such action. At least you know then, that if you lose, you are not going to be landed with a big legal bill.

[Rams75]

Well guys

 

just settled for 5500 b4 goin to the tribunal.

 

Im pleased as I wouldve settled for a tenner - it was the principle of the thing.

 

Thanks for all the help.

[bathgatebuyer]

Excellent news!!!! Always good to hear of someone sticking it right up their employers.

[callumsgran]

Good for you Rams, well done!

[Rams75]

Thanks guys.

 

Its difficult sometimes when u think ur right but they come at u with lawyers

 

One for the little man.

[Bookworm]

Excellent news.

 

FWIW, I represented my partner's employer to Employment Tribunal on constructive dismissal, and won without major difficulty. I was told the same, that constructive dismissal was hard to prove, etc.

 

I feel that it may be less so nowadays, where bullying in the workplace is better recognised, and I would say that if anyone is in a situation where they felt that they had no choice left but to quit, they should never hesitate to go for it.

 

Well done again.