Final Straw

[casperpot]

I have no contact with the other 5

[casperpot]

I have no contact with the others

[ULA]

On constructive dismissal, a couple of points to note, it is extremely hard to prove a constructive dismissal case. It is not enough to show merely that your employer has behaved unreasonably. There must be a fundamental breach of an express contractual term, or the implied term of “trust and confidence”. Furthermore, you must have left because of the breach, and you should make it clear if you resign that you regard yourself as having been “constructively dismissed”.

If you are considering resigning as a result of a ‘last straw’ situation you must ensure that this final act which leads you to resign must be part of the previous acts, so that together they all add up to a breach of trust and confidence.

Secondly the burden of proof will be on you to prove that you were constructively dismissed.

Where I think the solicitor, you spoke to may be coming from is that you need to be careful not to be seen to have waived any breach by your employer. This can happen where there is a long delay in lodging a grievance or resigning. This could especially happen if you are off on long term sickness, where you are more likely to delay taking any steps in relation to a breach by your employer. However not being a lawyer I am only surmising on this point

It may be worth just quickly contacting that solicitor again to ask why they believe you are out of time, if you did not get this clarification in the first place.