Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.
What do you wish to pursue them for exactly?
I wish to pursue them for 'constructive dismissal' as the situations and events that occurred made my position untenable and led to my resignation. My supervisors were fully aware of this.
Why have you not made a claim so far?
My situation before I resigned impacted on my physical and mental health and therefore I did not feel strong enough to pursue this sooner.
The tribunal operates under very strict time limits and a claim for constructive dismissal must be submitted within 3 months of the termination of your employment. However, the tribunal does have the discretion to extend these time limits if they are satisfied that it was not reasonably practicable for you to make your claim within the usual time limits.
However, this would depend on the individual circumstances and the seriousness of the reasons that prevented you from making the claim. For example, if you were too ill to make the claim you would need to provide proof from your doctor confirming this and providing sufficient detail to help the tribunal understand how serious things were. It must be serious enough to have actually prevented you from instructing a solicitor or making arrangements for issuing the claim. The tribunal will have the final decision as to whether an extension is granted and in the circumstances the best you can do is submit as much evidence as possible that shows your inability to make the claim during that initial 3 month time period.
Many thanks for your advice, but there was also another issue that has only recently come to light. Somerset County Council were re locating there offices and as a result my position was no longer required. I was informed categorically that 'redundancy' would not be an option but 're deployment' or I could 'leave'. This was discussed on numerous occasions and it was always the same response. The office re located this spring and I have just been informed by my 'job share' colleague that she was granted 'redundancy'. Have I any legal rights concerning this also?
No, that is now irrelevant I'm afraid - you cannot use that as a reason to extend the time limit or to claim
O k, I understand that regarding a claim for 'constructive dismissal' but have I any rights concerning the deception and victimisation regarding redundancy?
No, you would have only been able to claim unfair dismissal had you been dismissed as a result of a false redundancy but as you resigned now all you can do is claim constructive dismissal, subject to being allowed to claim
O k, many thanks again for your advice.
you are most welcome, all the best