Constructive Dismissal Solicitors
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At didlaw we provide professional advice as constructive dismissal solicitors in London. Constructive Dismissal is an employment tribunal claim which occurs when your employer treats you so badly that you consider that you have no option but to resign. You can obtain financial compensation if an employment tribunal finds that you have been constructively dismissed.
A constructive dismissal can arise in a wide range of difference scenarios. It could be because you have been discriminated against; because you have been subject to bullying and harassment; because your employer has reduced your pay and benefits; or any other situation where your employer has committed a serious breach of your employment contract.
Read more about employment law constructive dismissal at the following resources:
Constructive Dismissal Lawyers
Constructive dismissal is a difficult area of law and involves a lot of risks for an employee as you are giving up your job and your income and there is no guarantee that your claim will succeed. If you are considering constructive dismissal claims we recommend that you take legal advice at the earliest possible stage from our constructive dismissal lawyers. Resignation is a big step and your actions prior to your resignation can make a significant difference on the outcome of your tribunal claim in receiving constructive dismissal compensation. If you require support in making a claim, contact us today to speak to our constructive dismissal solicitors.
ACAS Early Conciliation
Early conciliation is a free and independent service offered by ACAS which can help you resolve an employment dispute with your employer. ACAS stands for the Advisory, Conciliation and Arbitration Service.
In any event, before lodging a claim with the Tribunal, you must contact ACAS and go through their Early Conciliation process by completing their Notification Form online. Here is the link https://tell.acas.org.uk/find-a-solution-to-your-employment-dispute.
If you do not contact ACAS before lodging your claim with the Employment Tribunal, it will be rejected.
You must contact ACAS on or preferably before the deadline to lodge your Employment Tribunal claims, which is usually three months less one day after the last act you want to complain about. For instance, if you were dismissed on 18 June 2020, you would have to bring a claim no later than 17 September 2020. In certain circumstances it may be possible to rely on a continuing series of acts and the deadline would start from the date of the last act in this series. However, we do recommend that you seek legal advice to ensure you know what are the right time limits are for any claims you may have, as it can be difficult to work out.
Provided you contact ACAS before the deadline, going through the Early Conciliation process extends the time in which you have to file your claim. There are however complicated rules as to how long the time limit is/can be extended, and therefore we do again recommend you get proper legal advice.
Once you have completed the Early Conciliation Notification form, an ACAS officer will contact you and ask for details about the dispute. If you agree, ACAS will contact your employer and give the parties the opportunity to try and resolve the dispute without going to the Tribunal. If either you or your employer does not want to try and resolve the dispute informally, or the dispute cannot be resolved, ACAS will issue an Early Conciliation certificate. You need to keep this safe as you will need its reference number if you decide to lodge a claim with the Tribunal.
One last word, if you submit your own Early Conciliation Notification form, make sure you get the name of your employer correct. Claims have been disallowed because the correct entity for the employer was not filed against – we wouldn’t want that to happen to you.
Click here for the ACAS information on early conciliation: https://www.acas.org.uk/early-conciliation
The CAB website is also excellent, particularly for explaining the quite complicated rules around time limits: https://www.citizensadvice.org.uk/work/problems-at-work/using-early-conciliation/
There is a wealth of useful information available online, and lots of free advice to steer you in the right direction.
Useful guidance on their Equality page around Disability Discrimination and other kinds of discrimination. They have a simple question and answer format on the website covering common questions arising and an excellent telephone helpline 08457 47 47 47 which is managed from Monday-Friday, 8am-8pm and Saturday, 9am-1pm.
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Public Concern at Work
Public Concern at Work is the whistleblowing charity. Established in 1993, they have led the new approach to whistleblowing that-both at home and abroad – recognises the key role it can play in anticipating and avoiding serious risks that arise in and from the workplace.
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