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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47418
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Q8. Jones - claiming constructive dismissal (8) To

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Q8. For Ben Jones - claiming constructive dismissal (8)
To claim constructive dismissal – is Mr A only limited to seek compensation for loss of earnings resulting from the employer's actions (eg. If tribunal runs for 6 months, then maximum claim is 6 months salary per Mr A’s contract with the employer)?
Can Mr A, claim legal fees if he is represented by a solicitor?
Is Mr A, required by law to tell future employers that Mr A has been to a Tribunal.
Can Mr A’s current employer state this on Mr A’s reference to future employers?
Whilst tribunal is on-going can Mr A start work with another employer?
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hi, a constructive dismissal claim will generally pay out the following:· Breach of contract – usually damages for the notice period they would have been entitled to had they not resigned with immediate effect· Unfair dismissal – this is the compensatory award part of the claim which covers ongoing loss of earnings. How far ahead these go will depend on when the employee finds a new comparable job. Say they found a similarly paid job 2 months after resignation and the tribunal is 6 months later, they will only be compensated for the 2 months up to finding a new job. If they are still unemployed by the date of tribunal it will be losses until then and an estimation of future loss of earnings, based on when it is likely they will find a job. Legal costs are not often awarded and the general position is that each party pays its own legal costs. A costs order covering legal fees may only really be made if a party has aced unreasonably, wasted tribunal’s time or continued with a claim when there were clearly no reasonable prospects of success, or if they continued after having been issued with a costs warning by the tribunal or other side. There is no legal requirement to advise future employers of the fact he has been to tribunal. Potentially the employer could state this fact in a reference but its relevance would be questioned and even if it is true the reference could be negligent as it may provide negative inferences which are not linked to their performance. He can certainly work for another employer whilst the tribunal is ongoing and in fact will have a duty to try and find a job ASAP to reduce his losses. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
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