Unfair/wrongful/constructive

[legalrights]

Hey ,

I have put in an ET1 and i ticked unfair dismissal /constructive , i thought this covered most of the things i was claiming but I have recently been informed that wrongful dismissal is more inline with my claim.

 

So does the unfair/constructive dismissal box include wrongful dismissal or is that completely different. there was not a box for that ? or am i done for?

 

What can i do

 

 

Carl

Edited October 23, 2013 by SCANDAL

[legalrights]

Hey ,

I have put in an ET1 and i ticked unfair dismissal /constructive , i thought this covered most of the things i was claiming but I have recently been informed out that wrongful dismissal is more inline with my claim.

 

So does the unfair/constructive dismissal box include wrongful dismissal or is that completely different. there was not a box for that ? or am i done for?

 

What can i do

 

 

Carl

[smokejumper]

Was it constructive dismissal, did you resign.

 

All is not lost as the respondent will probably ask for further details and a CMD.

 

You will get another chance to put it right.

 

Have you decided which section of the act covers your situation, this is probably more important.

[legalrights]

I did not resign. But they was in breach of contract . as far as i know i cant claim breach of contract through unfair dissmisal.. So by ticking contructive/unfair box .. this does not include wrongful? that is the only thing i dont understand there was no box for wrongful.

 

There was no CMD its gone straight to final hearing!

Edited October 23, 2013 by SCANDAL

[smokejumper]

I really think if you are having trouble at this stage, then you need someone to help, it gets harder.

 

As I said have you decided which section of the act applies. You have to demonstrate what law has been broken, the judge does not do this for you. The other side will challenge your allegation in their defence(et3)

[legalrights]

Yes but is wrongful dismissal under the category of unfair/constructive . Can a claim of breach of contract be brought into the claim through that?

[legalrights]

Why would i of not been given a CMD?

[smokejumper]

I would have thought so and if as you say that is the only choice, then what else can you do.

 

As the regulars read I'm sure they are going to ask you more details as it's hard to give advice by drip feed ( that is not meant to sound rude or hostile )

[honeybee13]

Two threads merged. Please stick to this one with your queries.

 

My best, HB

[smokejumper]

Sorry CMD is case management discussion, have you received the ET3 yet.

[legalrights]

I would have thought so and if as you say that is the only choice, then what else can you do.

 

 

 

well i don't know if u are familiar with an et1 but there is box u can tick for "other".

 

So Unfair/Constructive box was ticked . and i need it confirmed if that includes wrongful . how can i get that?

[legalrights]

Yes sorry I know what CMD is . But i did not get one. :\

[smokejumper]

Have you had the respondents ET3

[Haven]

You could always contact ACAS or even contact the local tribunal court. Have used both during a recent tribunal and can be helpful

[legalrights]

Yes i have had respondents Et3 , what u want to know about it?

[smokejumper]

Wow this is difficult a bit at a time.

 

Did they challenge your allegations and say it was not unfair dismissal.

 

Are the respondents legally represented.

 

Have you agreed who does the bundles etc.

[legalrights]

Did they challenge your allegations and say it was not unfair dismissal . YES

 

Are the respondents legally represented. YES

 

Have you agreed who does the bundles etc. YES

 

where is this going?

[smokejumper]

Ok I think you need to talk to acas or someone as suggested and see how you get on.

[ims21]

Might help if you told us the background to the case too please.

[smokejumper]

Must admit I gave up for that reason.

[ims21]

Must admit I gave up for that reason.

 

I think most would

[legalrights]

Dont know why people on here always want all the info . I am simply asking is wrongful dismissal included in constructive/unfair dismissal on the ET1 or did should i of ticked (e) for other . not much more else.IF you don't know don't comment or have the reason to give up.

 

thanks

 

Carl

[ims21]

Dont know why people on here always want all the info . I am simply asking is wrongful dismissal included in constructive/unfair dismissal on the ET1 or did should i of ticked (e) for other . not much more else.IF you don't know don't comment or have the reason to give up.

 

thanks

 

Carl

 

What do you mean "always".....this is surely your first thread here?

 

Or is it?

[Emmzzi]

Dont know why people on here always want all the info . I am simply asking is wrongful dismissal included in constructive/unfair dismissal on the ET1 or did should i of ticked (e) for other . not much more else.IF you don't know don't comment or have the reason to give up.

 

thanks

 

Carl

 

because any of us feel we have a duty of care to those we try and advise, and want to give proper help.

 

If your friend asks "can you cut your leg off with a carving knife?".. well, I'd want more information, because the question they are asking might not be the right one to get the help they need.

 

Plus, you can google the answer to your question.

[smokejumper]

Very strange, I tried to help.

 

If a hearing has been arranged as OP stated to me, then it hardly matters now, whether the right box was ticked.