Could/should I resign and claim constructive dismissal? Help!

[SuperJon]

Hello again CAGgers - 2 posts in one day is a new record for me!

 

Anyway - I already have a claim going to ET for disability discrimination from mainly harassment that my ex-line manager gave me(I say 'ex' as he's been made redundant since all this happened(strange!) but I am still employed by this Company).

 

Applying for a ET did actually spur the company into taking some supportive action like mediation but there seems a big gap in attitude between the companies Employment Relations(who are actually quite supportive and acknowledge that I've not been treated well) and my Director in my area of the business who is playing a 'straight bat' which ultimately resulted in mediation failing as he wasn't prepared to even acknowledge the issues I've had!

 

Whilst mediation has been going on, I agreed to pause the grievance appeal, but as mediation failed, I had my grievance appeal meeting just prior to Christmas with another Director who has now upheld a major part of my grievance regarding the comments made to me by my 'ex' line manager but has said, since he has now been made redundant, there is no further action they can take. I understand this to a point but there has still not been any apology and my 'ex' line manager was still in post when I started the grievance procedure and he was interviewed as part of the grievance investigation.

 

Anyway, now to the point of this post, I have spoken to an advisor I've spoken to at the CAB a few times about my case and, based on the grievance appeal being upheld, them now acknowledging the comments made to me(most of which saying that the Company didn't want me to come back) were wrong BUT failing to put adequate provisions in place to remedy the situation, she has suggested that a real option for me would be to resign and claim constructive dismissal.

 

I can see where she is coming from but such a big step needs real consideration so any advice you could give would be appreciated?

[Emmzzi]

It's probably easier for people if you have one thread about your situation.

 

Do you have enough money to live on for a year whie you are messed about before getting to ET?

How easy is it for you to find another job?

[SuperJon]

Yes, sorry, this only happened since my last thread hence I wrote two!

 

Money to live on for a year? We'd struggle but I'm now on DLA which should help?

 

A new job? I've ran my own management consultancy business before so I could go back into this as and when I'm fit to(which is the area of the unknown!).

 

I guess it's about the potential of such a claim really.

[Emmzzi]

well, here's some stats for you....

 

http://www.justice.gov.uk/downloads/statistics/mojstats/employment-trib-stats-april-march-2010-11.pdf