Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today. How long did you work there for and were you dismissed or did you resign?
When did your employment terminate?
ok so as I understand it the reasons for you leaving are because the customer had complained about you but the employer had not investigated it in time?
In the circumstances the only option for you is make a constructive dismissal claim for being forced to leave due to the employer’s unreasonable behaviour However, to be perfectly honest I am not convinced there is enough here to warrant such a claim. There were only 2-3 days between the complaint being made and you resigning. The resignation appears to have happened very soon, it is a rather hasty decision. Such complaints are rarely investigated and resolved so quickly. A constructive dismissal would have been more appropriate if this was left for weeks or even months with no resolution and in turn the employer had committee a serious breach of contract that left you with no other option but to resign. Your resignation would have in response to such serious and unreasonable behaviour, something which amounts to a last straw in this respect and gave you with no other option. Ideally you should have tried to resolve this with them internally first, for example through a formal grievance, the outcome of which you could have also appealed. In the circumstances there is rather little to go by to justify that there was a clear constructive dismissal case. Nevertheless if you wanted to you could still pursue this. You do not have to claim straight away, although you only have 3 months within which to issue a claim. You would have to negotiate with them through ACAS first anyway to try and reach a settlement so that is at least one free option you have to try and get something out of this before you make a formal claim.
This is your basic legal position. I have more detailed advice for you in terms of the ACAS negotiations process and how you can start that, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
Ok I will reply on here later today with your next steps
Hi there as I accepted your call request but you no longer wanted it please contact customer services on***@******.*** to request a refund for the phone call portion of the fees.
As to your query, if you are still employed by them then you can raise a formal grievance about this. If you proceed with the resignation and wish to take things further then you have 3 months from the date your employment ends to make a claim in the tribunal.
A new feature in the employment tribunal’s claims process is mandatory early conciliation with ACAS. This requires prospective claimants to notify ACAS and provide details of their intended claim and they would then try to negotiate between the claimant and respondent to seek out of court settlement in order to avoid having to take the claim to the tribunal. It is possible for the parties to refuse to engage in these negotiations, or that they are unsuccessful, in which case they would get permission to proceed with making the claim in the tribunal.
If negotiations are initiated and settlement is reached, then the claimant would agree not to proceed with the claim in return for the agreed financial settlement.
The conciliation procedure and the form to fill in can be found here:
In terms of the time limits within which a claim must be presented, the early conciliation process places a ‘stop’ on that and the time between notifying ACAS and them issuing permission to proceed with the claim would not count for the purposes of these time limits.