i am off work with stress caused by work what is my position if i resign regarding unfair dismissal?

Answer 1

You cannot claim unfair dismissal if you have not been dismissed by the Company.

If it is work related stress you could leave the company and claim constructive dismissal (this means you dismiss yourself because the company has breached the implied terms of providing a safe working environment and you could not continue working there). You would then need to put in a claim quoting section 2 of the Health and Safety and Work Act 1974 - whereby the employer must provide a safe working environment.

I suggest however, that you do not leave and you inform you employer of your stress. They then, by law, have to investigate and make reasonable adjustments...

Good luck!

Answer 2

my advice is don't resign. as already noted you would be claiming constructive not unfair dismissal but you have much better prospects if you dont resign.

Stress is considered a mental health issue so the company will have a great deal of problems in dismissing you, should they dismiss you then you could claim unfair dismissal. Whilst off work you can enjoy the bebfits of long term sick pay and accrued holiday pay at you full rate of pay.

Answer 3

Unfair dismissal is a tricky one if you are in the USA. Most employers and employees are considered "AT WILL" agreements. Meanings you can quit when you want, without having to provide a reason, and they can dismiss you without a reason. The only exceptions LEGALLY are dismissals for discrimination of a "protected" class by law. Race, gender, creed, religion, sexual orientation, or physical/mental handicap.

Many employers have policies, where you have to be disciplined or counseled "x" number of times before termination... but these are simply policies, not LAWS.

Unless you can prove that the company created a work environment that created your disability, then you have very little recourse.

Answer 4

Hi >
A few things spring to mind.
You can't be both resigning, of your own accord, and be sacked at the same time. The whole show does not make for much sense.
If you have a medically proven issue with stress at work, then a period of "sick leave" is appropriate.
Your employer must honour that, and if they are any good at their job, move you to a less stressful one.
I don't mind a bit of pressure, it focuses the mind, but if you feel you can't handle it all, resign, and take up a job in a garden centre, or be a tour guide, or operate river trips for parties.
Umpteen alternatives, I have found.
Don't destroy your thinking over one lousy job, please.
All the best,
Bob..

Answer 5

Uk law only.
Do not resign under any circumstances!
if your employer is being unreasonable - then leave it up to them to sack you. Work related stress is a justifiable reason for sick leave within british law.
So majke them do the dirty deed and then claim unfair dismissal.
But I would point out that unions, the arbitration service and the courts (IT) are biased toward the employer and usually work together by ganging up against the employee.

So you must collate as much information yourself beforehand.
So keep any letters or written info on company policy!
Keen your GP on your side as if it goes to court they will crap themselves- so get as much medication as possible! You don't have to swallow the stuff!!! (If they think you are taking it- its amazing how GP's have faith in the **** they prescibe! Its like a placebo for GP'S! if you catch my meaning)
Get any information stored about you quoting the Data Protection Act 1998, and the Freedom of Information Act in readiness for a case. And just get as much info as you can.
E-mails passed between managers have to be given to you if you are the subject of the e-mail!
Should you need any more info just e-mail me!
I have been through the process - and I won. Very difficult, but i did it! But it will open your eyes and you will look at this country in a different light after wards! As its not as squeakyclean as you think!

Answer 6

Well, first you have to show that you have discussed this stress problem with your employer and that you came to some arrangement to ensure that your work does not give you stress. You should give this arrangement some reasonable time to take effect. If however, you are still sressed out then you need to visit your doctor and work something out with him (e.g. longer-term sick leave). And if everything else has failed, and your employer has really made your working environment stressful then you can resign on those grounds. But the tribunal would want evidence that you've tried your best to resolve the problem and that your employer has tried everything as well.

Answer 7

If you have some evidence to substantiate your claim and have been employed with this same employer for more than 12 months - then yes it is possible to resign and claim that you have been Unfairly (Constructively) Dismissed .

Answer 8

I agree, constructive dismissal is the way to go. However, speak to your union first, if you are a member of one, unfair dismissal cases are expensive to pursue. Your union should provide you with any advice you need and will provide yo with a solicitor if you need one.

Answer 9

your employer should have had several discussions with you to try to resolve the problem, if not then you MAY have a claim,but look at it from the employers point to, we had a man complain of stress because of the time it took to get to and from work, and he didn't like driving at night, so we bought him a laptop to work from home, we found out he was also doing work for three other companies on our laptop, and visiting their customers, in his COMPANY CAR,

Answer 10

You would have to claim Constructive Dismissal.