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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 50140
Experience:  Qualified Employment Solicitor
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Dear Sir / Madam, I am at a position whereby I have claimed

Customer Question

Dear Sir / Madam,

I am at a position whereby I have claimed constructive dismissal from my employers on the basis of being forced to resign due to anatagonistic behaviour making the working relationship untenable as a consequence.

This has been investigated by the organinisation and I've today been told that there is no case to answer and that because I have resigned my position the decision is final as stated word for word below..

'As you are no longer employed by the University my response to your complaint is final'

However, I remain unsatisfied and as such, would be grateful if you could advise whether I can still challenge that outcome ?


Submitted: 4 years ago.
Category: Employment Law
Expert:  Ben Jones replied 4 years ago.

Ben Jones :

Hello, my name is Ben and it is my pleasure to assist you with your question today. can you tell me when you left you employment please

JACUSTOMER-vsderhdk- :

On 28/02/14

Ben Jones :

Ok thank you leave it with me I need to look up a few things and then get my advice ready.I will post back on here when done there is no need to wait and you will receive an email when I have responded.

JACUSTOMER-vsderhdk- :

I have not recieved a reply to my question

Expert:  Ben Jones replied 4 years ago.
Hi, sorry I did post my response last night but it does not appear to have registered on the site. I will therefore post it again for you on here.

If you had been forced to resign and had raised a grievance in the process, which was investigated, but the decision of which was negative for you, then you should be given the opportunity to appeal. This would only be possible if you had raised a formal grievance though, not if this was an informal investigation by the employer that was done due to your resignation.

If this was not a grievance then you do not have the legal right to appeal the decision and now that you have left you only have one option, which is to make a constructive dismissal claim against the employer in the employment tribunal. However, you can only claim if you had more than 2 years’ service at the time your employment contract had terminated, so if you do not have the required service you won’t be able to claim and that would be the end of the matter. You also need to make the claim within 3 months of your termination so the time in which you need to act would be relatively short.

I hope this has answered your query. Please take a second to leave a positive rating, or if you need me to clarify anything before you go - please get back to me and I will assist further as best as I can. Thank you and feel free to bookmark my profile for future help:
Expert:  Ben Jones replied 4 years ago.
Hello, I see you have accessed and read my answer to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this?
Expert:  Ben Jones replied 4 years ago.
Hello Neal, please let me know if I have answered your original question or if you need me to clarify anything else for you in relation to this? Thank you