i have been off work for 10 weeks with work induced stress. can i resign and claim constructive dismissal?

Answer 1

speak to acas.

Answer 2

I'd tend to agree with Starlet on this, although even better than ACAS and ideal would be your union if you were a member of one. Constructive dismissal is one of the hardest things to prove at employment tribunal and it can be a long and stressful process. It is all going to come down to what exactly has been happening and whether they have done things like change your duties without renegotiating your contract and stuff. The more concrete evidence that can be provided the stronger the case. If you have been bullied it would be a real bonus if you could find another former employee who would be willing to step forward and give evidence in your support too. Get on to ACAS as a starting point and, if you are a member of one, your trade union. If you're not in a union you might want to think about joining one for the future!

Answer 3

In the UK, a constructive dismissal occurs where the employer does not dismiss the employee, but the employee resigns and can show that they were entitled to do so by virtue of the employer's conduct.

Two elements are needed:
1 A repudiatory breach of the employment contract on the part of the employer. This may be an actual or anticipatory breach, but must be sufficiently fundamental to justify the employee resigning. (i.e. it needs to be something seriously wrong that they have done); and

2 An election by the employee to accept the breach and treat the contract as at an end. The employee must act in response to the breach and must not delay too long, as it is always open to an innocent party to "waive" the breach and treat the contract as continuing (subject to any damages claim that they may have).

If the conduct that has led to your stress amounts to a breach of an implied or express term in your contract (implied terms are things like breaking the relationship of trust and confidence) then you do potentially have a claim for constructive dismissal if you resign. But do bear in mind that the employers conduct hs to be pretty serious for it to amount to a repudiatory breach of contract.

Answer 4

If you're in the UK, yes you can, and there is case law to assist.

In practice, it's incredibly difficult to convince an Employment Tribunal you should be compensated for it, but if you have the patience and tenacity to pursue a case - seek expert advice before doing anything.

ACAS will give you pointers and impartial guidance, but you need a representative that deals in employment law. And a duty ACAS officer will give you a list of available agencies in your locality, as ACAS don't do representation.

You'll find one free of charge in a local advice agency such as a Citizens Advice Bureau, an Unemployed Workers' Centre (or Unemployed and Community Resource Centre) or perhaps a group for disabled people.

Failing that you'll need to seek an employment law specialist solicitor and pay 'through the nose', possibly ending up with a bill even if you win and qualify for Legal Aid.

It is possible to do it all yourself, but that should be avoided.

Answer 5

Start by applying for SSI disability. They will give you an answer. You can't get out of the working world that easily. Constructive dismissal? Stay away from the drugs, script & over the counter. Good Luck.

Answer 6

besides the very shown truth that you've good reason sensible dismissal is between the hardest to tutor. with a view to have even a much off probability of fulfillment you need to maintain on with the statutory grievience technique first. the first step is to strengthen a grievience with the corporation....this should be done in writing and in truth might want to state it truly is a STEP a million letter and also you want to strengthen the grievience on the very shown truth that.....and state your motives eg sense mistreated and so on. in case you want help contact both your community CAB or study the ACAS cyber web web site

Answer 7

I think if you could, half the country would be in the same situation. I think it would be a very difficult case to prove. That's the problem these days employers expect more and more of you and are prepared to give less and less. Good luck.

Answer 8

It's not as easy as that. Your employer may say that the problem is psycological and that you are unable to cope with the tasks you have been set.
You need to be reffered to Occupational Health where your physical and mental states will be assessed. They will then inform your employer as to their findings. It is then up to your employer to put you on lighter duties, if that is recommended by OH.

Answer 9

Separation due to work-related illness is compensalbe under the Labor Law as long as you can prove that your incapacity was due to your work.

Answer 10

Hmmm.............. could be difficult but the people to help you here would be ACAS - they have a very good website. Go have a read and contact them for advice. Good luck xxx

Answer 11

No unfortunately in order to apply for constructive dismissal, you have to be fired, and they are not allowed to fire you just because you have been off sick. They can however discipline you and give you a warning if you have had more than 3 individual occurences in 6 months. Good luck.