swarb.co.uk

by **stu1985** » Fri Feb 01, 2013 8:41 pm

Looking for a spot of practical 'advice'.

What is it easier to take to tribunal? A case for constructive dismissal or a case for constructive unfair dismissal? I would imagine the former but looking for views on this. Any pitfalls with arguing one over the other/things I should keep in mind at the moment (pre issuing claim)?

Many thanks!

by **Hairyloon** » Fri Feb 01, 2013 8:46 pm

Constructive dismissal is not something you can take to tribunal unless it is unfair.

by **dls** » Fri Feb 01, 2013 9:27 pm

Courts are also tribunals - if not Tribunals.
Unfair dismissal adds elements to be proved.
Unless it might be shown that constructive dismissal was viewed more easily established in an ET, the answer would possibly be the county court (England).

by **stu1985** » Fri Feb 01, 2013 10:40 pm

Hmm I maybe read something wrong. This was a 5.20pm job :/

There won't be unfair dismissal in the situation in thinking of. Constructive if anything. Employee gets demoted and offered a job with a £10k pay cut but then the employer realises its cocked up and revokes that offer saying he can be demoted to a job with a £35k pay cut.

Breach of implied term of trust and confidence? Hmm...

by **atticus** » Fri Feb 01, 2013 11:14 pm

a constructive dismissal claim is an unfair dismissal claim. I am not aware of a distinction (as in constructive unfair dismissal).

by **dls** » Fri Feb 01, 2013 11:23 pm

A claim for breach of the employment contract leading to and arising from a an act of constructive dismissal might be made in circumstances where an unfair dismissal claim would not be available.

by **stu1985** » Fri Feb 01, 2013 11:26 pm

And I think that's what I'm aiming for. The difficult thing is working out whether what's happened is the last straw thingy.

I wish I could leave work at work...!

by **dls** » Sat Feb 02, 2013 10:12 am

The usual thing is that if you have to ask, it isn't (safely) constructive dismissal.

by **Hairyloon** » Sat Feb 02, 2013 11:40 am

dls wrote:The usual thing is that if you have to ask, it isn't (safely) constructive dismissal.

Is there any such thing as a "safe" constructive dismissal?
I know a chap who's pay was stopped, then his work was stopped and that was found to not be an unfair dismissal.

by **stu1985** » Sat Feb 02, 2013 12:53 pm

I'm only asking because this is relatively new to me.

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