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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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Constructive Dismissal - non employment. I have belonged to

Customer Question

Constructive Dismissal - non employment.
I have belonged to a private members club for over 20 years and recently through a non club dispute with another member have been made to feel so uncomfortable by the actions of the other club members I felt unable to continue and have very reluctantly resigned. The club hierachy and national body did nothing to protect me.
Is there any protection in law against this sort of action and is there any redress?
Submitted: 3 years ago.
Category: Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hello, thank you for your question. My name is Tony and I can assist you with your question.

tdlawyer :

Were you receiving a salary from the club to do what you did?

JACUSTOMER-2d1x197t- :

No

tdlawyer :

Okay, then there is no constructive dismissal claim, as this applied only where somebody is employed.

JACUSTOMER-2d1x197t- :

Hello Tony

tdlawyer :

Why did they make you feel uncomfortable and have to resign?

tdlawyer :

Hi!

JACUSTOMER-2d1x197t- :

I made that clear in my opening enquiry - I have been hounded out of an organisation I have been a member of for a long time. In the process. I have suffered stress and anxiety etc. Constructive dismissal was the nearest term I could come up with in the circumstance. I am already aware this is not an employment issue.

tdlawyer :

Your initial enquiry simply says that another member made you feel so uncomfortable by other actions and the club didn't protect you. It doesn't tell me anything about the actions concerned.

tdlawyer :

I am trying to work out whether there is another angle for you.

JACUSTOMER-2d1x197t- :

Moves to exclude me from the club, being sent to coventry, general unpleasantness

tdlawyer :

Okay. In that case, it might be that you have a harassment claim, a course of conduct by others which has caused you to resign etc.

tdlawyer :

This would mean that you're entitled to compensation for the harassment, which isn't based on any financial loss on your part, so you don't need to show you're out of pocket.

JACUSTOMER-2d1x197t- :

Under what legislation & am I entitled to be re-instated without victimisation?

tdlawyer :

You're not going to be entitled to be reinstated if you resigned. You're going to be entitled to compensation for harassment, and as part of a deal perhaps, they might prefer to reinstate you than to pay you.

tdlawyer :

But you can only get reinstated by agreement.

JACUSTOMER-2d1x197t- :

Compensation for harassment - under what legislation please? Can this be persued in the small claims court or does it need airing in the county / high court

tdlawyer :

under the Protection from Harassment Act 1997. s.1

tdlawyer :

This is in the county court, but it's not a small claim. You don't have the costs protection that comes with small claims unfortunately.

JACUSTOMER-2d1x197t- :

What legislation please

tdlawyer :

under the Protection from Harassment Act 1997. s.1

tdlawyer :

http://www.legislation.gov.uk/ukpga/1997/40/contents

JACUSTOMER-2d1x197t- :

Does the failure of the national body to protect me equally apply under that act?

tdlawyer :

No. Unfortunately not.

JACUSTOMER-2d1x197t- :

What legislation would that fall under please?

tdlawyer :

What do you mean? What legislation doesn't protect you?

JACUSTOMER-2d1x197t- :

The failure of the local and regional and national management after being contacted for their help did nothing to protect me from their members. Is that considered to be part of the harassment in general or is it covered by other legislation?

tdlawyer :

No, I don't see that as part of the harassment.

tdlawyer :

Harassment tends to be a positive act of conduct against you - not an omission to act.

JACUSTOMER-2d1x197t- :

Is there any legislation which covers an omission to act to protect members of private clubs when that management has been notified of the harassment?

tdlawyer :

No, I'm afraid in this type of case, I don't believe there is.

tdlawyer :

Are you happy that this answers your question this morning please?

tdlawyer :

Are you there?

tdlawyer :

Are you happy that this answers your question this morning please?

JACUSTOMER-2d1x197t- :

Haven't had the opportunity yet to look at the Protection from harassment Act - been interupted.

tdlawyer :

No worries. Have a look, any questions, you can always let me know.