Do I have a case against my former employer?

[GF1234]

Here are the facts:

- Until August 2019, I was a teacher in a state maintained primary school. I had been there for two years.
- In May 2019 I went off sick with mental health problems, and was referred by my GP for an ASD diagnosis.
- In November 2019 I was diagnosed with Asperger's Syndrome.
- During my time in the role I was offered no support from senior leaders, and was treated poorly by the rest of the staff (humiliation etc).
- I am currently unemployed, and still have MH issues relating to anxiety, confidence etc.

Do I have a case for constructive dismissal against the employer (the local authority)?

[ULA]

Sorry I just need to ask a few questions to get some more information.

Did you resign or where you dismissed?
If you resigned did you did you make any genuine effort to resolve your concerns with your employer before resigning?
When did you exactly end your employment as you only have 3 months less a day in which to be able to pursue a claim?

[GF1234]

Sorry I just need to ask a few questions to get some more information.

Did you resign or where you dismissed?
If you resigned did you did you make any genuine effort to resolve your concerns with your employer before resigning?
When did you exactly end your employment as you only have 3 months less a day in which to be able to pursue a claim?

Hi Ula, thanks for your response.

1) Resigned

2) No because I was signed off sick, and the circumstances were such that there wasn't a great deal they could have done. If people are laughing at you/making fun of you, then it's easily deniable. In subsequent conversations with my former leader, she said "I knew something wasn't right. I was worried about your mental health. I wasn't sure what it was"

3) August 31st, 2019.

[ULA]

Well you do still have time to start the process for making a claim via ACAS and the early conciliation process as the first stage.

However constructive dismissal claims are very hard to prove and the onus is on the employee to prove their case. You would need to show a fundamental, very serious, breach by the employer of your contract of employment, which caused you soon after the singular event or, if there were a serious of events, soon after the most recent of them that you had no alternative but to resign. Also a tribunal will normally expect that the person has tried to resolve the matter through the grievance procedure first before resigning.

I would therefore suggest that you think very carefully about proceeding with a claim, as doing so can be very stressful. If you still then think you want to proceed go and get some initial professional legal advice just to get a view as to whether your claim is likely to be successful given how few constructive dismissal claims are upheld.

[GF1234]

Okay thanks.