Constructive Dismissal Claim

Please see below a case study written by one of our clients who came to us wanting to discuss a constructive dismissal claim:

I was having some issues at work that were causing me a lot of stress and worry. I loved my job until my manager left the business and I was to be managed by someone else. We had a host of problems from the start, but my new manager’s actions became heavy handed, and there were several incidents that I felt crossed the line and perhaps amounted to a constructive dismissal claim.

I had a limited understanding of constructive dismissal, but was broadly aware that my manager’s behaviour was not acceptable. From some brief internet searches I understood that a constructive dismissal claim required me to resign, which is what I planned to do. However, I was uncomfortable about having to resign, essentially opting to make myself unemployed, and losing my main source of income.

Just before I resigned I decided to do a bit more research which is when I came across an article on  Toner Legals’ website titled – Constructive Unfair Dismissal. This article gave me a much better understanding, but importantly gave me some practical guidance, which was to Stay Employed. Take Advice. Act Quickly.

I decided to hold fire and not resign and contacted Toner Legal for help.

Constructive Dismissal Claim – Toner Legal

I had some reservations about talking to an employment lawyer. I thought I would either be charged lots of money to just bring them up to speed or that I would be encouraged to commence a constructive dismissal claim, even though this is not what I wanted to do.

However, I was pleasantly surprised when calling Toner Legal, that the phone was answered immediately and some basic details were taken, so my enquiry could be properly triaged and progressed. On this first call, I was able to book in a more detailed call with a Client Service Specialist later on the same day.

During my second call, the Client Service Specialist was extremely patient and empathetic. It was clear they were really listening to my problems at work, all whilst ensuring all the important information was recorded. The Client Service Specialist reiterated the points in the article that I read, which was to stay employed, and they would setup another call with an employment lawyer to discuss my situation further.

The call with the employment lawyer was again, not charged.

My First Call With An Employment Lawyer

My call was booked in and I helpfully received text and email reminders, along with information on the lawyers experience before I spoke with them. I had never spoken to an employment lawyer (or any lawyer for that matter), and I was apprehensive.

As soon as the call started, my mind was put at ease. The context of the call was explained to me and it was clear the purpose was to understand my situation and to identify what I wanted to achieve. It was clear Toner Legal really knew their stuff and they were genuine experts in this area. The focus was not just on explaining the law, but deciding what was best for me and my situation.

After talking it through, I was able to explain that I was really unhappy at my current job and I wanted to leave. I had been unhappy for a while and I wanted to move on, but I did not know how to go about it. I was worried about my reputation, losing my main source of income, and the prospect of a lengthy Tribunal claim was too daunting (and expensive) to think about.

When I explained all of this, Toner Legal explained that if I wanted to leave, then they could help me achieve that and make the best of a bad situation. To my surprise, they did not recommend a Tribunal claim, but instead explained their method of helping me negotiate an exit, where the desired outcome would be, Tax Free Compensation, A reference, My Reputation Intact.

Instructing Toner Legal

I came to Toner Legal thinking my only option was to make a constructive dismissal claim, but I was mistaken. Toner Legal explained they had a specific package for my situation – The Exit and Compensation Package.

I was able to work with an experienced employment lawyer that was a seasoned negotiator. I was amazed at the structure of the legal fees, which placed me in a low risk position, that gave me all the confidence to task Toner Legal with negotiating my exit.

My case was assessed, I received advice, and together, we made a plan that was designed to achieve what I had wanted for such a long time.

The Outcome

Throughout the process, I was always clear on what was happening and was kept up to date throughout. Toner Legal approached my employer and successfully negotiated an exit, which is something I just could not have done.

The final outcome was fantastic. I was able to leave my job with:

• Full notice pay (which I did not have to work).
• Holiday pay.
• A lump sum, tax-free compensation.
• A reference.
• My reputation intact.

I had the financial security to look for a new position and did not feel like I was rushing to replace my income. With this new found confidence, I help out and obtained a great new position, that was better paid than my previous job. I was now happier and in a much stronger financial position, because of the compensation I achieved when leaving my old company.

This was without doubt I much better outcome than resigning and making a constructive dismissal claim, which is what I would have done had I not reached out to Toner Legal.

Lindsay Strangwick-Wild

If you are unhappy at work and want our help, please call us on 0207 118 9218 or complete a Free Online Enquiry and we will be in touch.