Constructive Dismissal/Personal Injury an Abuse of process

[Guest]

Hi Everyone

I have been advised that by making two separate claims -Constructive Dismissal in the Employment Tribunal and a separate one in the civil courts for personal injury is considered an abuse of process?

Could someone explain why .. when there is no redress in the Employment Tribunal for the emotional distress caused by my employer, only financial losses resulting from Constructive dismissal?

Many thanks

[ULA]

If you make a claim for constructive dismissal at an Employment Tribunal the monetary aspect of the claim is broken down into two elements:

1. The basic award which takes into account age, weekly pay, and length of service.
2. The compensatory award which considers any monies you have lost due to the constructive dismissal plus this amount will take into account factors such as loss of earnings, loss of bonuses, benefits or pension, hurt or distress caused.

Therefore the "emotional distress" caused by your employer would be consider under the compensatory award. Hence you only need to make one claim.

[RPW]

If you make a claim for constructive dismissal at an Employment Tribunal the monetary aspect of the claim is broken down into two elements:

1. The basic award which takes into account age, weekly pay, and length of service.
2. The compensatory award which considers any monies you have lost due to the constructive dismissal plus this amount will take into account factors such as loss of earnings, loss of bonuses, benefits or pension, hurt or distress caused.

Therefore the "emotional distress" caused by your employer would be considered under the compensatory award. Hence you only need to make one claim.

Thank you I do not think my solicitor has understood the effect this has had on me