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Ask taratill Your Own Question
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6466
Experience:  15 years experience of advising on employment law matters
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We have an employee who has lodged an early conciliation case

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we have an employee who has lodged an early conciliation case with ACAS. He left on the 16th April giving 7 days notice. We received a grievance on the 22nd April giving more information as to why he could work for us, claiming constructive dismissal. He started work for one of our competitors in early May. He is seeking 6 months net pay (approx. £8800) for early settlement. He notes he was bullied and harassed in an open office which impacted on his confidence and therefore could not come back to work. He has worked for us for 19 years and is 50 yrs old. We have conducted internal discussions with people the gentleman names a witnesses to this what he calls bullying and harassment however there version of events is slightly different and less daming towards the Manager but there are some instances (and this is most certainly not a daily event. Just looking for advice on worst case scenario and costs ?
Hello my name is ***** ***** I am happy to help you today.
Did he raise a grievance before resigning his position?
Customer: replied 2 years ago.

No it was a week later.

Ok thanks, ***** ***** claiming discrimination as well as constructive dismissal?
Customer: replied 2 years ago.

No it is noted a bullying, aggressive and harassing behaviour. The manager in question is not at the branch every day as he covers a region of 4 branches.

Ok to be honest this seems to be a try on.
In order to bring a successful claim of constructive dismissal a tribunal would expect the claimant to raise a grievance BEFORE making the decision to resign so it is unlikely he would succeed in the claim in any event, particuarly given the fact that you have looked into his grievance and offered him to return.
Even in the (unlikely) event his claim were to succeed his compensation would be limited to economic loss, if he has almost immediately got an alternative job then there will be very little economic loss and certainly no where near the amount of money he is asking for.
It is highly unlikely in my view that he will pay the claim fee and tribunal hearing fee to proceed with this claim.
Perhaps hold off making an offer for now considering how small the risk is and if he does make a claim consider making a small offer to get rid of it.
If you have any further questions please ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.
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