Constructive Dimissal

[arian2012]

Hi All,

 

 

I have reading a lot on this forum to get some understanding. I was hoping that i would get some advice regarding my case.

 

 

I was employed for well over a decade by my employer and found myself having to resign and put in a claim at the employmlent tribunals. My hearing date is in few months time and is over several days.

 

 

I am representing myself. My exployers are a fairly big organisation. There are moments when i feel what on earth am i doing by taking on this huge stress but then when i remember the treatment i know that i had no other options but to take this action and to fight for my rights. I am going to the hearing with the view that win or lose i will not have any regrets years later of why i didn't fight for my rights. I do feel i have strong case but you never know.

 

 

I am preparing for the hearing. To date the respondents have never shown any sign of wanting to settle out of court. I don't know wether it was foolish of me but i thought just because they are not entering into dialogue there was no reason why i shouldn't make a move. So i sent an offer that i would be happy to accept as a final settlement. To date no acknowledgement to that email offer.

 

 

I was just wondering wether i should have put in a specfic date which they should reply by. Considering the size of my total claim i felt it was a reasonable offer for this stage. I would not be happy accepting this same amount as time progresses and i invest more time and effort.

 

 

Any thoughts or advice?

[honeybee13]

Hello and welcome to CAG.

 

It sounds as if you've joined us part way through a case. Have you already put in a claim for constructive dismissal please? And what are your reasons for claiming constructive dismissal?

 

Please tell us more and hopefully the forum guys will be along later with advice for you.

 

My best, HB

[SabreSheep]

Hello and welcome to CAG.

 

It sounds as if you've joined us part way through a case. Have you already put in a claim for constructive dismissal please? And what are your reasons for claiming constructive dismissal?

 

Please tell us more and hopefully the forum guys will be along later with advice for you.

 

My best, HB

 

 

As above.

 

peeps will need to know the history in order to advise fully

[Marianne7]

I can't offer advice on your case as we know very few details, but just want to say that, having taken my employer to tribunal 4 years ago, I understand why you are doing it. I was told by friends just to forget it and get on with my life, but I knew I had to go through with it and, even though I lost my case, I really don't regret it - the experience, I think, did me good. I represented myself and they had a barrister. The best thing, though, was when one of the partners lied in the witness chair. I looked her straight in the eyes and I heard her lying under oath. In a strange kind of way I felt I'd won, if you can understand that.

One general piece of advice I will say: all the information available seems to tell you that the tribunal is much less formal than a court. In my case I didn't find it a lot less formal. They also say that when conducting the case yourself the members of the tribunal will help you as much as they can. I didn't find this either.

I wish you the very best of luck and hearing how you are feeling now I think it's the right thing for you to do.

[steampowered]

Regarding the settlement offer I would suggest writing to them stating that your offer to settle for £xxx will remain open until a particular date and will lapse on that date if not accepted. It is impossible to comment on anything else without knowing the details.

[Guest]

Im sure i read on here that constructive dismissal case are only successful 6% of the time

[honeybee13]

The usual figure quoted here is 3%, if that helps.

 

HB

[ericsbrother]

A lot of hoops to jump through and even then the tribunal can make some strange reasoning for their decisions. Best of luck, because you will need some of that as well as a good claim.

[arian75]

It has been a long time since I last posted! I started this thread but I no longer have access to the email which this account is linked to hence unable to use password reminder.

 

 

I won my Constructive unfair dismissal!! So yes, chances are slim (4 / 5%) but just goes to show that even as litigant in person it can be done. It has been the most stressful thing to date for me. Not only are you battling your way through the process but compounding it is the financial worries as I did not manage to get a job til over a year later.

 

 

Remedy hearing soon so need to prepare for that.

 

 

I am confused regarding claiming litigant in person cost (£19 per hour) or do I put in a claim for a Preparation time order.

[Leakie]

Thanks for the update

 

and well done for winning,

I thought this was for constructive and not unfair dismissal?

 

Leakie

[arian75]

For a constructive dismissal claim to be successful, it must be shown to be unfair. A claim is therefore brought in an employment tribunal in the same way as a claim for unfair dismissal.

 

As I said in my previous post, I am a little confused between Preparation Time Order and litigant in person as they have differing rates.

 

regards,

[Sidewinder]

Is it not still the case that you would only be awarded costs where the other side has acted unreasonably? If so, did they? How was the case conducted in terms of meeting deadlines, orders etc? Did you issue a costs warning pre-trial?

 

Has the Judge agreed that costs should be awarded?

[steampowered]

Well done on winning your case. Have a read of http://www.legislation.gov.uk/uksi/2013/1237/schedule/1/made at 75 - 79.

 

It is indeed a preparation order you want and the rate is £33 an hour. Not the lower rate used by the courts, although in the ET a preparation order doesn't cover time spent at the final hearing.

 

As above, costs are not normally awarded in the employment tribunals. You'd need to satisfy the criteria in paragraph 76, either proving that 'a party (or that party’s representative) has acted vexatiously, abusively, disruptively or otherwise unreasonably in either the bringing of the proceedings (or part) or the way that the proceedings (or part) have been conducted' or 'any claim or response had no reasonable prospect of success'.

 

As mentioned in paragraph 77, you need to give the other side a reasonable time to respond to your application for costs. So if you intend to make the application for costs at your remedy hearing, you should notify the other side beforehand that you are intending to do that.

[arian75]

I am hoping to apply for preparation time order, under section 76 (1) (b):

'any claim or response had no reasonable prospect of success'.

 

In my view the respondent had no reasonable chance of defending the claim as it beached my contract by reducing my pay without my agreement.