h2g2 The Hitchhiker's Guide to the Galaxy: Earth Edition

Hi,

Sorry to bother you,

I was told you might be able to shed some light on employment law.

Hiya SWL!

No bother. Nice to meecha...

As it happens, yes, I have just done a course on Employment Law, but it was an ordinary undergraduate law course, which means I’m maybe one step up from being a complete ignoramus on the subject, but I’m still a million miles away from being able to advise safely or competently on it.

Constructive dismissal was one of the subjects covered in the course which I’ve just completed. Constructive Dismissal is a species of Wrongful Dismissal, which can ground a claim for Wrongful and/or Unfair Dismissal via. The Employment Tribunal system (and maybe also claims in Tort and Breach of Contract).

HOWEVER…

The case law on Constructive Dismissal is pretty strict – there is a very very narrow line to be negotiated in arguing for it, and also the statutory compensation schemes are quite limited (there is also a very low incidence of tribunal successes for employees).

Here are some links I’ve found:

http://www.emplaw.co.uk/emplaw/employee/research-employee.aspx

http://www.worksmart.org.uk/rights/viewsubsection.php?sun=43

http://www.dti.gov.uk/er/individual/fair-pl714.htm

http://www.adviceguide.org.uk/nw/index/life/employment/dismissal.htm


Constructive Dismissal occurs when an employer is so far in breach of some (not trivial) term of the contract of employment – breach of the implied term of mutual trust and confidence is an example – so as to justify the resignation of the employee being treated as dismissal and not simple resignation. There must be a ‘last straw’, if you know what I mean, and that last straw cannot simply be a continuation of the past conduct on the part of the employer – it must bring something new to the feast.

Here is a very good and up-to-date Constructive Dismissal case report from the Court of Appeal :

http://www.bailii.org/ew/cases/EWCA/Civ/2004/1493.html

Amazingly enough, it isn’t too long, and if you plough through it you’ll see what I mean re. the ‘fine line’. The guts of the law is in paras 14 – 22.

Without getting into the facts of your situation, my advice would be to go to your local CAB. CABx are wonderful institutions (I have never worked in one, but I have worked with them, and think they are a national treasure) and many if not most will have an employment law specialist adviser, as well as surgeries by and referral arrangements to local specialist solicitors (BTW, and Employment Law specialist solicitor could easily bill for over £100 per hour). You can find your nearest CAB at:

http://www.citizensadvice.org.uk/winnn/index/getadvice.htm

Feel free to get back to me after you’ve browsed through the above links, BUT there is a strict time-limit on applying to an Employment Tribunal, and going to a CAB ASAP is the best advice I can give.


Cheers




Douglas

Hi Douglas,

I'll have to get back to you later, (still at work !!)

Nice to meet you