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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6307
Experience:  15 years experience of advising on employment law matters
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We have an employee who has resigned and has stated they will

Customer Question

We have an employee who has resigned and has stated they will claim constructive dismissal, how can we protect ourselves.
If proven what is the average compensation awarded at Tribunal?
Submitted: 2 years ago.
Category: Employment Law
Expert:  taratill replied 2 years ago.
taratill :

Hello my name is ***** ***** I am happy to help you today. How long have they worked for you for?

Customer:

5 years 2 days

Customer:

whats is the average compensation for constructive dismissal?

taratill :

Hi it is based on economic loss, which is the amount of time it would take the person to get a job at the equivalent salary subject to a duty to mitigate loss.

taratill :

On the basis of what you said in your previous question about he grievance I do not think the claim would be successful in any event.

Customer:

Thanks. One issue we have is that we have had to wait 15 days so far to arrange the hearing due to senior staff holiday etc our policy states 5 days but also allows for extra time and we did write to the employee and state that a hearing would take place but would take time to arrange. - Is this a cause for concern employee is stating we should have arranged a hesring within 5 days but policy states only a response within 5 days.

Customer:

What would be deemed reasonable?

Customer:

Thanks for you advice

taratill and other Employment Law Specialists are ready to help you
Expert:  taratill replied 2 years ago.
Hi it would depend on your size and administrative resources. If you are a small employer and there is no alternative then it would be deemed to be reasonable.

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