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Jenny
Jenny, Solicitor
Category: Law
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Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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I am currently dealing with ACAS on the issue of a constructive

Resolved Question:

I am currently dealing with ACAS on the issue of a constructive dissmisal claim, the employer has indicated that they are prepared to settle without going to tribunal.
they want to know what i want?
i am 50 years old and worked for the company for 11 years
also its not just about money can i ask that the bosses involved face some sort of sensure?
Submitted: 2 years ago.
Category: Law
Expert:  Jenny replied 2 years ago.
taratill :

Hello my name is ***** ***** I am happy to help you today. Are you asking about compensation over and above economic losses?

Customer:

yes

taratill :

Is there an element of discrimination to your claim or is it simply constructive dismissal?

Customer:

Yea discrimination but just on a personal level not racial or any other specific type

taratill :

Ok, in that case damages would be limited to economic loss subject to a duty on your part to mitigate your losses. There is no ability to award a punitive element to compensation unless there is discrimination contrary to the Equality Act.

Customer:

the director didn't like me for whatever reason

taratill :

that's unfortunate you should base your request for compensation on lost earnings though.

Customer:

I was denied oppertunities and training which i think is covered under the 2010 act 39 2b

taratill :

Is that on the basis of your age?

Customer:

Couldn't say, but he did promote the young pretty girl i was training to be my supervisor whilst still on her probationary period, she was the tenth person i had trained to do the job and was not a fast learner

taratill :

ok well unless you are specifically claiming that you were differently treated because of one of the discriminatory reasons under the 2010 Act then you cannot claim for more than economic loss.

Customer:

how much would that be?

taratill :

You need to work out how much money you are losing by having resigned your job and how long it will take to find a new one. Tribunals rarely award more than 6 months salary so normally I suggest you ask for that and be prepared to negotiate.

Jenny, Solicitor
Category: Law
Satisfied Customers: 6305
Experience: Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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