Constructive dismissal - quick question.

LegacyUser

Hi there. I will be keeping this is un-detailed as possible due to possible legal ramifications.

So, I am currently in the process of getting ready to lodge a complaint for constructive dismissal against my job.

The reasons are serious (extreme victimization and bullying, with many incidents logged), but my question is in relation to the formal complaint that is needed to make most constructive dismissal cases successful.

One particular event, which was extremely serious (to the point where I could have called the Gardaí) led to me being put on indefinite sick leave for stress and anxiety, as this, combined with the other events, have caused me to pretty much have a breakdown. It is expected that I will be on long term sick leave.

My problem is, I am going to send a formal complaint to my employers in the next few days, but I have been advised by medical professionals (more than one) to not go back to work at all. As it is, how can I give the HR a chance to rectify the situation if I do not go back in? Will this stand against me?

All I can say is that the final event which led to me being kept off work sick was serious to the point where I am in fear for my safety if I go back into work, as melodramatic as that may sound. I have legitimate reason to be this scared, which is why three medical professionals have told me not to go back in.


Can anyone tell me if this inability to return to work to give HR a chance to rectify things will impact much on my case?

Eoin

ohthestress! wrote: »

Can anyone tell me if this inability to return to work to give HR a chance to rectify things will impact much on my case?

Nobody here can comment on how it could affect your case; it's specifically against the charter. You really need to talk to a legal professional for advice like that.

What I would say is to heed the advice of your medical professionals first and foremost; your health is far more important.

edellc

Yeah I was in kinda the same situation I didnt feel comfortable going back to work (out due to stress and anxiety) HR wanted me to sit down with the individuals involved to sort it out and try rectify the situation but I just couldnt

Went to solicitor filed papers, ended up not going ahead court clerk advised against it as said i would fail in my case - dont know the exact ins and outs but a lot down to me being less than a year there and i didnt try rectify situation and go back to try sort it

Not saying your case will be same, do seek legal advice and be aware that if solicitors says its no win no fee - well if you dont go to court with it they will smack you with an admin bill but never actually tell you that, also you will never get a reference from your employment so need to think about what you will put on your cv in future for the duration you where there, and finally if you ever mention why you left your last job truthfully you will never be employed again - just my experience anyway

Milk & Honey

edellc wrote: »

Yeah I was in kinda the same situation I didnt feel comfortable going back to work (out due to stress and anxiety) HR wanted me to sit down with the individuals involved to sort it out and try rectify the situation but I just couldnt

Went to solicitor filed papers, ended up not going ahead court clerk advised against it as said i would fail in my case - dont know the exact ins and outs but a lot down to me being less than a year there and i didnt try rectify situation and go back to try sort it

Not saying your case will be same, do seek legal advice and be aware that if solicitors says its no win no fee - well if you dont go to court with it they will smack you with an admin bill but never actually tell you that, also you will never get a reference from your employment so need to think about what you will put on your cv in future for the duration you where there, and finally if you ever mention why you left your last job truthfully you will never be employed again - just my experience anyway

Are you sure you are not talking about the EAT rather than a court?
The o/p may be looking at a personal injuries action in court rather than a constructive dismissal. A solicitor needs to be consulted. Solicitors are obliged by law to advise of fees in advance.

edellc

Milk & Honey wrote: »

Are you sure you are not talking about the EAT rather than a court?
The o/p may be looking at a personal injuries action in court rather than a constructive dismissal. A solicitor needs to be consulted. Solicitors are obliged by law to advise of fees in advance.

No it was court, and yes the OP needs to seek legal advice I never said the OP didn't, I mearly explained what happened in my case and the consequences that occur if you take a case against your employer

Milk & Honey

edellc wrote: »

No it was court, and yes the OP needs to seek legal advice I never said the OP didn't, I mearly explained what happened in my case and the consequences that occur if you take a case against your employer

I am very surprised that you dropped your claim because of the court clerk saying something. Normally the solicitor lodges papers and the client never sees the clerk. In any case it is not the clerks job to advise people as to the likely success of an action. The fact you are less than a year there would be significant before the EAT or the Rights Commissioner but would have nothing to do with a court case. There are therefore three very surprising features to your story.

edellc

I never said I seen the court clerk, I did say the court clerk advised once the papers had been filed that I would be unlikely to succeed in my claim...this was conveyed to me through my solicitor who advised on the advice of the clerk not to go ahead with my claim for constructive dismissal

So you may be surprised my the features to my story but they are true none the less

As I may also point out it was constructive dismissal that my solicitor choose to go with and not unfair dismissal, as my work place was not somewhere that I could go back to due to bullying, yet my employer refused to sack me (he was one of the bullies)

Milk & Honey

edellc wrote: »

I never said I seen the court clerk, I did say the court clerk advised once the papers had been filed that I would be unlikely to succeed in my claim...this was conveyed to me through my solicitor who advised on the advice of the clerk not to go ahead with my claim for constructive dismissal

So you may be surprised my the features to my story but they are true none the less

As I may also point out it was constructive dismissal that my solicitor choose to go with and not unfair dismissal, as my work place was not somewhere that I could go back to due to bullying, yet my employer refused to sack me (he was one of the bullies)

That is unbelievable! Court clerks do not advise solicitors and any solicitor who takes the advice of a court clerk would be guilty of professional misconduct. The courts do not deal with constructive dismissal, the EAT and the Rights Commissioners do. It is much more likely that your solicitor prepared a claim for the EAT and was advised by the staff there that you had not been in the job long enough to succeed in the claim. There is a requirement that a claimant has been employed for 12 months. He should have taken a personal injury action in the courts.