UK Employment Law
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I have been with the company 10 years plus my line manager is happy with my work but the MD keeps asking him to have a word with me as people are saying I am being unhelpfull
I used to be th MD;s PA but my role was taken over when I was on holiday two years ago with out notification ... only by email on my return but had been distributed to all other employees before me.
I want advise on what I need to progress the situation and If Im not satisfied with the outcome from my employers what i need to do next.
You will need to show that the dismissal was unfair or wrongful.
Common grounds for unfair dismissal are based on:
Normally a claim must be brought within three months of the last day of employment, counting the last day of employment as the first day of the three month period.
Proving wrongful dismissal simply requires you to show that your employer breached a term in your employment contract, which resulted in dismissal or forced you to leave.
You may file a claim for wrongful constructive dismissal either in the civil courts or in an employment tribunal. But you can only claim unfair constructive dismissal in an employment tribunal.
The time limit for filing a claim with an employment tribunal is the same for both unfair and wrongful constructive dismissal -- within three months of your last day of employment.
As stated above, however, you can pursue your claim for wrongful constructive dismissal either in the civil courts or an employment tribunal. The time limit for filing in civil court is much longer -- she has six years from the date of dismissal.
To start an action against your employer, you will need to file a statement of claim. This is a written statement, which contains basic information about you and your employer (e.g.names, addresses, and the dates employment began and ended), and allegations of fact which support your claim of constructive dismissal. If you lodge a claim with an employment tribunal, you will also need to complete and file ET1 form.
You may be able to get a lawyer to take her case on a no win no fee basis.
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