Constructive Unfair Dismissal Help

[Arachnophobic]

Hi there. I am quite new so please be kind.
I think I may have a claim for CUD. I do t want to go into the circumstances in case I 'out' myself but the final act, which has caused me to go sick, occurred 5 days before I was employed for 2 years. In principle, can I claim or does the final incident need to be post 2 years employment? The claim would not be based on discrimination so therefore the 2 year limit ordinarily applies.

Thank you in advance.

[Amethyst]

Re: Constructive Unfair Dismissal Help

Hi there,

Sorry to hear this has happened to you, it sounds like you have had a very stressful time from your post. Don't worry we are generally quite kind xxx

Would the unfair/constructive dismissal have anything to do with any protected characteristic ? ( eg. sex / disability )

The claim would not be based on discrimination so therefore the 2 year limit ordinarily applies.

ok that answers that, so ignore the question.

Did you resign after the 2 year point ? or are you yet to resign and just off sick at the moment ? ( in response to the final straw?)

Does it have anything to do with Spiders ? xxx

[des8]

Re: Constructive Unfair Dismissal Help

Hi there,

Sorry to hear this has happened to you, it sounds like you have had a very stressful time from your post. Don't worry we are generally quite kind xxx

Would the unfair/constructive dismissal have anything to do with any protected characteristic ? ( eg. sex / disability ) ok that answers that, so ignore the question.

Did you resign after the 2 year point ? or are you yet to resign and just off sick at the moment ? ( in response to the final straw?)

Does it have anything to do with Spiders ? xxx

Possibly employed by http://www.thespidershop.co.uk/
OH's favourite local shop!

PS not advertising.. honest!

[charitynjw]

Re: Constructive Unfair Dismissal Help

Hi Arachnophobic

The 2 years continuous service required for the qualifying period of employment needed for unfair dismissal claims will include sick leave & accrued holidays.

[Amethyst]

Re: Constructive Unfair Dismissal Help

Possibly employed by http://www.thespidershop.co.uk/
OH's favourite local shop!

PS not advertising.. honest!

Why did I bloody click that link???? my elbows have gone all funny now !!!!

[des8]

Re: Constructive Unfair Dismissal Help

Why did I bloody click that link???? my elbows have gone all funny now !!!!

PMSL, so did OH.
All right for yo, but I have to feed the b*****s whilst wifey on crutches!

[Arachnophobic]

Re: Constructive Unfair Dismissal Help

Thanks all. The incident happened last week before the 2 year qualifying period. I went sick and was signed off today. This sickness period will continue beyond the 2 year period.

[Amethyst]

Re: Constructive Unfair Dismissal Help

Okay a main thing with 'last straw' in constructive dismissal is that you act promptly in direct response to that incident - so waiting until you pass the 2 year point may not be helpful and you may need to wait for a final, final straw after your sick leave ( that sounds so awful I know!) It really depends on what has been happening and how incidents have led to this point, and how it has built up to make you too ill to continue working. It may be worth you having a chat with ACAS - 0300 123 1100 - as it could be difficult to talk about it without identifying yourself on here if it's quite specific.

But yes, the last straw could be before the 2 years and the resignation after the 2 years - but not if you have put off resigning JUST to pass the 2 year point.

[Arachnophobic]

Re: Constructive Unfair Dismissal Help

I haven't resigned yet and I have asked for a meeting with my boss. But not yet as I don't feel up to it.

[charitynjw]

Re: Constructive Unfair Dismissal Help

It is also important, for 'last-straw', to show that the incidents are linked, & not discrete (ie not a series of 'one-offs')

[Arachnophobic]

Re: Constructive Unfair Dismissal Help

Thank you but my main interest is the time limit.

[Amethyst]

Re: Constructive Unfair Dismissal Help

Thank you but my main interest is the time limit.

This...

Okay a main thing with 'last straw' in constructive dismissal is that you act promptly in direct response to that incident - so waiting until you pass the 2 year point may not be helpful and you may need to wait for a final, final straw after your sick leave ( that sounds so awful I know!) It really depends on what has been happening and how incidents have led to this point, and how it has built up to make you too ill to continue working. It may be worth you having a chat with ACAS - 0300 123 1100 - as it could be difficult to talk about it without identifying yourself on here if it's quite specific.

But yes, the last straw could be before the 2 years and the resignation after the 2 years - but not if you have put off resigning JUST to pass the 2 year point.

[charitynjw]

Re: Constructive Unfair Dismissal Help

Thank you but my main interest is the time limit.

Ok, but unfair constructive dismissal cases are particularly difficult to win.