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 have you worked there for?
Hi there, sorry my connection dropped. The call is charged extra but we can just continue here in writing. When did your employment with them terminate?
And just to confirm you now have a new job which pays more or less the same as the role you did before the changes?
of course just get back to me whenever you are ready to continue
That’s great thanks for the detailed information. Whilst the employer may have had a clause allowing them to vary your contract, that does not give them the automatic right to just change it as and when they want or to make whatever changes they want. There still has to be a test of reasonableness passed and the employer must act fairly. So as a starting point there is indeed a potential to consider a constructive dismissal claim, due to a breach of contract, with that breach being a breach of trust and confidence.
However, you next need to consider what such a claim will get you if you are successful. Constructive dismissal is primarily there to compensate you for your losses resulting from being forced to resign. These would be the difference in pay between the old job and the new one, or the overall lack of income for being out of work. In your case you have found a new job and the difference is not that large. So making a claim may not really get you that much in all honesty. Considering constructive dismissal is one of the harder claims to win, it may not be worth it in the end. Saying that claims are free to make so you could take your chances, as long as you are prepared to put the time and effort in pursuing it.
Please take a quick second to leave a positive rating for the service so far by selecting 3, 4 or 5 stars above. I can continue answering follow up questions and in particular can also discuss the steps you need to follow if you were to take this further. There is no extra cost for this - leaving your rating now will not close the question and means we can still continue this discussion. Thank you
Thank you. First of all you have 3 months from date of termination of employment to start the process.
Before a person can make a claim in the employment tribunal, they would be required to participate in mandatory early conciliation through the Advisory Conciliation and Arbitration Service (ACAS).
The purpose of this process is to allow ACAS to mediate between the claimant and respondent to agree on an out of court settlement in order to avoid the need for legal action in tribunal. The respondent does not have to engage in these discussions, or if they do and the talks are unsuccessful, the claimant will be issued with a certificate allowing them to make a claim.
However, if a settlement is reached, the claimant would agree not to proceed with the claim in return for the agreed financial settlement. Other terms can also be agreed as part of the settlement, such as an agreed reference.
To initiate the conciliation procedure ACAS can be contacted online by filling in the following form (https://ec.acas.org.uk/Submission/SingleClaimantPage), or by phone on 0300(###) ###-####
Why would you need to make that?
that is only needed if you require personal information held about you by the employer, so for example personnel file. It is not a requirement to get any of that before you make a claim, you only do it if you need the documentation in question
no problem at all that is what we are here for