Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.
Just to clarify, I cannot advise on prospects of success as I only work with limited information and advising you of that, which could then turn out incorrect due to other information I was unaware of, could cause legal issues in itself. So based on that, what other queries can I help with please?
Whilst they can try and argue that your counter-argument would be that you were constructively dismissed. In that case you are legally allowed to leave without working your notice period because it is the employer who would have breached the contract first. So it is rather unlikely that you will be sued for breach of contract in these circumstances and to be honest such claims are extremely rare. Also they must be able to show that they had suffered some losses as a result of that breach and this is never going to be as much as the salary they would have paid you, maybe the difference in pay they had to pay someone else to do your job but that won’t be much.
This is just me personally, but a constructive dismissal claim can be risky because the burden of proof is entirely on you to prove your case and it can become tricky. At this stage you have a guaranteed compensation of £5k which is not bad. You can always push for more and perhaps get more if you won at tribunal but there is no guarantee that would happen and you could end up with absolutely nothing. So considering the offer and what you are willing to accept is not far off, in many ways it would be better to accept it and at least know you have a decent guaranteed payment. I would also advise that you negotiate a reference as part of any deal.
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I understand but I have seen many times where a claimant has held out for what they believe they should get, only to come with nothing. So you have to balance the risks in the end. There is no right or wrong decision here though - no one can guarantee a successful outcome so it is impossible to say that you must reject all offers and pursue your claim because you will win 100%. Also if you do not believe that you will be good at pursuing a claim that can also have an effect on your chances of success. ACAS does not offer any representation at tribunal - you have to get your own legal representative, often at a cost. So these are all factors you need to consider. Does this clarify things a bit more for you?
you are most welcome