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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 11238
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I resigned on Monday with immediate effect to claim constructive

Customer Question

I resigned on Monday with immediate effect to claim constructive dismissal having exhausted the company's (a limited company) internal grievance procedure. My employer did offer a settlement of approximately £1500 which went nowhere near what I was owed. My grievance was partially upheld by the appeal committee set up under the company's grievance procedure. On Tuesday all employees including myself received a letter advising us that the company was going into liquidation. I am owed arears of pay dating from October 2012. Where do I stand with regard to claiming for the arears and redundancy which I intended to claim from a Employment Tribunal. If I withdraw my resignation can the Liquidator accept it (the withdrawal).
Submitted: 4 years ago.
Category: Employment Law
Expert:  Ben Jones replied 4 years ago.
Hello and thank you for your question, which I will be happy to assist you with. Please let me know what exactly are you owed by the company? Why are you claiming redundancy when you resigned?
Customer: replied 4 years ago.


An incident occurred inn October 2012. My employer demanded to see me outside of working hours. in front of witnesses, in a public car park he threatened me and using a torrent of foul language that I resign which I refused to do. My employer runs a site security company and he told me he never wanted to see me on any of his sites again. He claimed to have a tape recording of me undermining his company and threatening to report him for breaches of health and safety regulations.


 


I followed the company's Grievance Procedure. I met with a member of the company (the wages clerk) who told me she was merely gathering facts and a formal committee would consider my grievance. Subequently I received a letter from her informing me that she had decided my grievance was unfounded. I appealed this decision and had a second meeting with the company's legal adviser would partially upheld my grievance. I have yet to know details of what was and was not upheld. The company offered me £1500 on a without prejudice basis. I accepted the offer in principle but asked them to consider a further £600 as a payment in lieu of notice. This was rejected. I resigned to claim constructive dismissal. My claim would have comprised arrears of pay (I have been out of work since the October incident [I was not formally suspended merely told not to report for work at the confrontation in October]), payment in lieu of notice and redundancy. I resigned with immediate effect on Saturday 12 January and (incommon with all employees) received a letter on Tuesday 15 advising me that an Insolvency Practioner had been appointed.

Expert:  Ben Jones replied 4 years ago.
How long were you employed by them for?