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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 45327
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have been told that I have good prospects of a claim for

Resolved Question:

I have been told that I have good prospects of a claim for constructive unfair dismissal after being asked to resign or be dismissed because of any error I found in the accounts. it was not investigated into and at first I was embarrassed thinking it was my thought and did say that I could resign if it was all my thought (it was not a formal meeting). We all decided to have a think about it and the next day I was told to resign or will be dismissed. I have had been using an employment solicitor at great cost who suggest that I should start a claim. However the respondent now wants to play dirty and claim that since I have left they have checked my pc and said that I have been viewing inappropriate material which until I see evidence off can not comment. We have tried to settle but they want to offer 1 months pay and a reference. In your view what would be the best possible outcome in terms of compensation for me if I win?
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.

Ben Jones :

Can you please let me know:

1. How long you worked there for?
2. When you left this employment?
3. Have you found a new job since?

Customer:

hello have worked there sine july 2011 i left last week. i have not found a new job yet

Ben Jones :

Are you looking for new jobs? Do you know when realistically you may find one?

Customer:

i am looking for new jobs and have an interview next week. i am a part qualified accountant. it could be a month or 3 months

Ben Jones :

In a constructive dismissal claim you will be looking at an award that covers the following:


 



  1. Basic Award – this is calculated in the same way as a redundancy payment, which you can do here: https://www.gov.uk/calculate-your-redundancy-pay

  2. Compensatory award – this is aimed at compensating you for the losses incurred as a result of the constructive dismissal. It is usually your normal pay from the job you left and will cover two periods – from the termination of employment to the date of tribunal and future losses. These will of course depend on how long you have been out of work for. You have a duty to try and find a job ASAP and if you are successful and for example get a comparable job within a month of leaving, you can only seek to recover compensatory loss for that period so going to tribunal would probably be pointless as the costs in doing so and the risk involved is too great. However, if you are genuinely struggling to find a new job and have significant ongoing losses then it may be worth taking it further. The maximum compensation the tribunal can award is £74,200.

Customer:

ok so in your view i will find it hard to get a job at the same money £52k a year what would you do?

Ben Jones :

well such a claim is always risky - it is up to you to prove that there was a breach of contract by the employer that forced you to leave and you will have to pay around £1k in fees before you get to a hearing. But of curse it could be worth it if you are successful. The issue is whether you will be or not - of course no one can guarantee that which is where the advice from your current solicitor comes in as they will know your case best

Customer:

ok thanks ben

Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 45327
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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