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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 63251
Experience:  Qualified Employment Solicitor
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Ben, if I am looking to claim constructive dismissal towards

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Hi Ben, if I am looking to claim constructive dismissal towards my employer, currently on the sick due to stress and anxiety as a result of the disciplinary process(they un necessarily put me through) I have been going through and my boss's Behaviour but I am being threatened with with if I do not return to work in 4 weeks my contract will be terminated, would I be seen as waivering the breach if I returned to work within those 4 weeks to avoid being terminated?Also if I look to get a settlement agreement can I do this via a solicitor or do I have to ask my union rep to do this?
Thanks

Hello again, if they are going to look at terminating your employment then you may actually want to consider letting them do that (or actually not resigning first) and then you can pursue a claim for unfair dismissal instead. This is considered an ‘easier’ claim in general because the burden of proof is the employer’s, whereas in a constructive dismissal claim it is yours and you have to prove your claim.

As to the settlement agreement, you do not need a solicitor to negotiate it but you would legally need one to get it signed off and made legally binding.

Does this answer your query?

Customer: replied 4 months ago.
Yeah this seems to be the general consensus an unfair dismissal is easier to ‘win’ than constructive but there have been so many things done I can’t see how a constructive dismissal claim would not be successful. What is a settlement based on? Do you get compensation for what you have been put through as well as them paying your holidays, and notice period?

A settlement is essentially going to end up being an amount which they are willing to pay and you are willing to accept. But it is also based on what you may likely recover in tribunal and then working around that and usually accepting a reduced amount as you are giving up some of the compensation you may get on the basis it is guaranteed, rather than having to go through the uncertainty of claiming

Customer: replied 4 months ago.
If I ask for a settlement can I do this if I have gone back to work to avoid being dismissed? Or would I been seen as waivering the breach that I am claiming a settlement for in the first place. My worry is difficulty in finding a job if I let them Dismiss me

Settlement can be approached and negotiated at any time and they are also done on a without prejudice basis, meaning off the record and these discussions are not used against you in any future proceedings

Hello, I see you have read my response to your query. Could you please let me know if it has answered your original question? You can simply reply on here with a quick ‘Yes, thanks’ and I won’t bother you again. Thank you

Hello, not sure if you are having trouble seeing my posts? I have not heard back from you since posting my answer and just need to know if your query has been resolved. If you could please post a quick reply to confirm I would be very grateful. Thank you

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