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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 51581
Experience:  Qualified Employment Solicitor
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I am in dispute with my employer regarding flexible working

Customer Question

Hello, I am in dispute with my employer regarding flexible working request. I am awaiting an appeal decision (last step of internal procedure) but meanwhile I had to fill in early conciliation form to avoid missing a deadline. If the appeal decision or conciliation result is not in my favor I will be force to resign. I would like to know if I could still file for tribunal claim even when I would not be an employee any more. Or will I have to resign and fill in a new early conciliation form on constructive dismissal ground? Thank you for your time and reply.
Assistant: Where are you located? It matters because laws vary by location.
Customer: Derbyshire
Assistant: Has anything been filed or reported?
Customer: I have filed for an early conciliation.
Assistant: Anything else you want the solicitor to know before I connect you?
Customer: no, thank you
Submitted: 5 months ago.
Category: Employment Law
Expert:  Ben Jones replied 5 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 5 months ago.

How long have you worked for this employer?

Customer: replied 5 months ago.
Hello, over 7 years.
Expert:  Ben Jones replied 5 months ago.

OK, thank you for your response. Leave it with me for now and I will review the relevant information and laws and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Also, please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you.

Expert:  Ben Jones replied 5 months ago.

Many thanks for your patience. You would still be able to make a claim in the employment tribunal, even if you are no longer employed by that employer You are correct that the most likely claim would be for constructive dismissal, where you have been forced to resign as a result of the employer’s failure to deal with the application fairly and that gave you no other option but to resign. In addition to a constructive dismissal claim, you may also be able to claim for discrimination, if the reasons for their rejection was linked to a protected characteristic, such as gender, age, race, religion, pregnancy, etc. This claim can be made at the same time as the constructive dismissal one and you can use the same claim and process to make them at the same time.

I trust this has answered your query. Please take a second to leave a positive rating by selecting 3, 4 or 5 stars above - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please reply on here and I will assist as best as I can. Thank you

Customer: replied 5 months ago.
Hello, thank you for the answer. Just to make sure that I understand it, does it mean that I can go to tribunal with the current early conciliation result and do not have to fill in a new early conciliation form after my employment will have finished?