Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today. How long did you work there for and when did you resign?
what was the nature of the emails?
ok so this was the only incident (albeit over a period of 4 days) which led to your resignation?
Ok thanks, ***** ***** may indeed consider constructive dismissal, I am not quite sue this will be enough to go by. To be able to claim this you need to show that the employer had acted in serious breach of contract, so serious that it makes the performance of your contract impossible and leaves you with no other option but to resign. I see that there were exchanges here which you felt were harassment and bullying, but in the eyes of the law they may not be seen as serious enough – there was obviously some misunderstanding there, he expected a response to something, you were unsure of what exactly and the exchanges continued until you resigned. Was the incident serious enough to mean that you can no longer continue working there? Unlikely from a legal perspective. This should have been resolved through direct communication at first or by raising a formal grievance. If that had not worked, then you may have had to leave things to settle down a bit before making a decision. But the resignation has happened now so you are only left with the option of claiming constructive dismissal, which as mentioned will be difficult here but there is of course nothing stopping you from proceeding down that route if you wanted to.
This is your basic legal position. I have more detailed advice for you in terms of the steps you need to follow to take this further, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
Thank you. To be honest there is nothing stopping you from starting the first part of the process, which is free. A new feature in the employment tribunal’s claims process is mandatory early conciliation with ACAS. This requires prospective claimants to notify ACAS and provide details of their intended claim and they would then try to negotiate between the claimant and respondent to seek out of court settlement in order to avoid having to take the claim to the tribunal. It is possible for the parties to refuse to engage in these negotiations, or that they are unsuccessful, in which case they would get permission to proceed with making the claim in the tribunal.
If negotiations are initiated and settlement is reached, then the claimant would agree not to proceed with the claim in return for the agreed financial settlement.
The conciliation procedure and the form to fill in can be found here: