Your daughter may be able to claim constructive dismissal if she is forced to resign because of her employer’s unlawful behavior. To pursue a claim for constructive dismissal, she will need to demonstrate that her employer committed a serious breach of her employment contract, which she did not accept and she was forced to resign as a result thereof.
She should try and gather as much evidence of the harassment and bullying against her to support her claim.
She should make it clear that she does not accept the behaviour of the employer e.g. by saying as much to the employer resigning as soon as she feels she is ready to.
She will also need to show that the dismissal was unfair or wrongful.
Common grounds for unfair dismissal are based on:
- pregnancy, maternity, or paternity;
- marital status;
- family ties;
- membership or non-membership of a trade union;
- assertion of a statutory right;
- industrial action;
- jury service;
- activities as an occupational pension scheme trustee; or
- health and safety.
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 her to show that her employer breached a term in her employment contract, which resulted in dismissal or forced her to leave.
She may file a claim for wrongful constructive dismissal either in the civil courts or in an employment tribunal. But she 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 she was dismissed.
To start an action against the former employer, she will need to file a statement of claim. This is a written statement, which contains basic information about her and her former employer (e.g., her names, addresses, and the dates employment began and ended), and allegations of fact which support her claim of constructive dismissal. If she lodge a claim with an employment tribunal, she will also need to complete and file ET1 form.
She may be able to get a lawyer to take her case on a no win no fee basis.
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