How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 61306
Experience:  Qualified Employment Solicitor
29905560
Type Your Employment Law Question Here...
Ben Jones is online now

Ben I handed my constructive dismissal letter after seeking

This answer was rated:

Hello Ben
I handed my constructive dismissal letter after seeking your advice. But now my union official, has said that I won’t stand a chance at tribunal because I left before the final disciplinary hearing. And that I should have waited for them dismiss even after I told her that I knew I would not be tread fairly because of the grievances that I had put in against managers. She told my grievances would not count because they should have been dealt with in 3 months less one day. Is the any other legal option I have for what had to tolerate at work and the mental stress caused over the years.

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

What do you specifically want to know about this, please?

Hello, I am not sure if you saw my query above:

What do you specifically want to know about this, please?

 

Customer: replied 29 days ago.
Hi, Acas asked me if I wanted go for early conciliation or If wanted go straight for tribunal. What I would like to know is, am I allowed to asked for a financial settlement at an early conciliation meeting for they way I have been treated and the mental stress that I suffered working for my former employer. Also if I end up going a tribunal hearing, and for some reason the tribunal hearing is not in my favour. Am I allowed to make a claim in a civil court, against my former employer for the way I was treated and the metal stress caused. Thank you

Thank you. I am slightly confused as to what you have been offered because you are legally required to go through the early conciliation process before you can make a claim in the Employment Tribunal. So it is unusual to be given an option – it is not a choice, you will have to go through the early conciliation first and only if that is not successful will you then be issued with a certificate which you can use to make a formal claim.

 

If you are unsuccessful in tribunal, you cannot realistically make another claim in the civil courts unfortunately so your constructive dismissal claim is your only chance.

 

Does this answer your query?

Ben Jones and 2 other Employment Law Specialists are ready to help you
Customer: replied 28 days ago.
Hi, I would like to know if early conciliation does not work out can, would I be able choose if I want to take matter further to a tribunal or civil court. Thank you

Yes you certainly can, the EC process is just to allow you an opportunity to try and resolve things without the need for legal aciton but if it is unsuccessful then you have the right to proceed to a formal legal claim if necessary