Legal Insurance For Constructive Dismissal Claim

[Raul123]

Hi everyone,

I am about to begin a claim for constructive dismissal against my previous employer (my solicitor has been back and forth with them for nearly 3 months prior to this, and says my claim is strong).

My question is what insurance could I buy to cover the cost if any? I do not currently have any kind of home insurance which may cover any legal fees.

[des8]

Re: Legal Insurance For Constructive Dismissal Claim

Hi and welcome

You will need After The Event (ATE) employees insurance, which your solicitor may be able to arrange for you.

Constructive dismissal......... notoriously difficult to win. but there are guys on here who can probably help if required

[judgemental24]

Re: Legal Insurance For Constructive Dismissal Claim

Only 5% of all Constructive Dismissal claims are upheld and the majorty on a protected characteristic such as race, religion, sexual orientation etc

Did you resign or dismissed from your last job and how long ago was that?

[Raul123]

Re: Legal Insurance For Constructive Dismissal Claim

Only 5% of all Constructive Dismissal claims are upheld and the majorty on a protected characteristic such as race, religion, sexual orientation etc

Did you resign or dismissed from your last job and how long ago was that?

I resigned last week after being signed off with stress for 2 months while my solicitor tried to engage my employer in dialogue to resolve my grievance. (Already had been through the company procedure if you can call it that) He was basically ignored by the company every time he tried to get any response from them.

[judgemental24]

Re: Legal Insurance For Constructive Dismissal Claim

The thing with Constructive Dismissal is that there has to be one substantive event that caused you to resign there and then, Other wise is will simply be a breach of contract and a wrongfull dismissal issue

You will not normally need insurance as it is extremely rare a cost order is made even if you lose.

That only happens if your claim is vexatious and the judge at the case management stage insinsuates so

[Raul123]

Re: Legal Insurance For Constructive Dismissal Claim

Thanks for the quick response.

Without going into too much detail, I was demoted while away on holiday, which I discovered by an email trail on a computer anyone could access the day I came back. I have never had any disciplinary issues in the decade plus that I worked there.

The top and bottom of it was the solicitor demanding I be reinstated and then being ignore thereafter.

[judgemental24]

Re: Legal Insurance For Constructive Dismissal Claim

Who am i to question a qualified solicitor but being familiar with the tribunal service as a trade union rep???.

If you were demoted then technically that can be classed as Constructive Dismissal if procedures were not followed; but you would only have a short period of time open to you

I take it you instigated the companies own official grievance procedure in writing??

[Raul123]

Re: Legal Insurance For Constructive Dismissal Claim

Yes I went through their grievance procedure in writing and had the meeting etc. which achieved very little apart from procrastination on their part!

[judgemental24]

Re: Legal Insurance For Constructive Dismissal Claim

Not being party to the minutes of your complaint

Was there one single event last week that caused you to immediately resign on the spot there and then?

[Raul123]

Re: Legal Insurance For Constructive Dismissal Claim

Yes - the company was given a final deadline to respond or I would resign immediately without notice.

[judgemental24]

Re: Legal Insurance For Constructive Dismissal Claim

Then you have covered all the bases and good luck on getting justice

[Raul123]

Re: Legal Insurance For Constructive Dismissal Claim

Many thanks!