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Constructive dismissal advice for family member

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toastie
Posts: 140
Joined: 26 Jan 2011, 21:57
Gender: Female

Constructive dismissal advice for family member

Post by toastie »

My husband does not work for Royal Mail but he is thinking of handing in his notice and claiming Constructive Dismissal. He does have evidence, but he would like some professional advice before he does this and I am wondering whether my union membership would entitle him to any proper Legal Advice? and how do I get this for him? Thanks
fishtank
Posts: 19732
Joined: 28 Sep 2007, 17:22
Gender: Male

Re: Constructive dismissal advice for family member

Post by fishtank »

The Legal Services helpline telephone number is 0800 804 6674.
Or contact email cwulegalhelpline@simpsonmillar.co.uk

It used to be the case that the helpline wouldn't give advice on Employment Law although that may have changed.
As a member you or your immediate family would be entitled to a free initial interview which i think covers any topic.
That may be the best direction for initial advice.
Contact your branch to find out who your local solicitors are.
good times, bad times you know I've had my share
General Mannerheim
EX ROYAL MAIL
Posts: 2299
Joined: 14 Dec 2007, 13:10
Gender: Male
Location: Stalag 17

Re: Constructive dismissal advice for family member

Post by General Mannerheim »

I'd seriously advise him NOT to hand in his notice as constructive dismissal is extremely hard to prove,even with what you might call `evidence`.
Also i hope he's been through the companys grievance procedure or at least raised a written complaint.
Royal Mail managers.....about as popular as a t.urd in a swimming pool!
The DDA/Equality Act demands action,NOT words......adjustments NOT Occupational Health referrals.Case No:2505901/09
Royal Mail is an Equal Opportunities Employer..It discriminates against everybody.
toastie
Posts: 140
Joined: 26 Jan 2011, 21:57
Gender: Female

Re: Constructive dismissal advice for family member

Post by toastie »

Thanks you two - not been through grievance but raised written complaint, and others in the past. Stock not ordered so no chance of earning comission, will come out with less than minimum wage this month and probs next month also. Small firm and we think they're trying to force him out. Emailed help address given by Fishtank and will probs make a call if I dont hear back soon. Thanks again as always good advice.
millitant
Posts: 57
Joined: 23 Jul 2012, 20:28
Gender: Male

Re: Constructive dismissal advice for family member

Post by millitant »

toastie wrote:My husband does not work for Royal Mail but he is thinking of handing in his notice and claiming Constructive Dismissal. He does have evidence, but he would like some professional advice before he does this and I am wondering whether my union membership would entitle him to any proper Legal Advice? and how do I get this for him? Thanks

To claim constructive dismissal you do not hand in your notice as such

you resign and leave immediately, and are in effect terminating your contract of employment

you claim constructive dismissal if your employer has committed a fundamental breach of your contract of employment and that you have shown that you have not accepted in anyway the cause of action on that breach
toastie
Posts: 140
Joined: 26 Jan 2011, 21:57
Gender: Female

Re: Constructive dismissal advice for family member

Post by toastie »

Thank you millitant I did not know that. We need to look into it very carefully and with legal advice
toastie
Posts: 140
Joined: 26 Jan 2011, 21:57
Gender: Female

Re: Constructive dismissal advice for family member

Post by toastie »

Had email reply from legal helpline and they are telling me hubby can have a 10% discount on their hourly rate of £160 - and £217 per hour + VAT of course!!
So no way we can do that then! lol

Any ideas on cheaper legal help anyone?
General Mannerheim
EX ROYAL MAIL
Posts: 2299
Joined: 14 Dec 2007, 13:10
Gender: Male
Location: Stalag 17

Re: Constructive dismissal advice for family member

Post by General Mannerheim »

Have you got legal help cover on your house insurance?
Royal Mail managers.....about as popular as a t.urd in a swimming pool!
The DDA/Equality Act demands action,NOT words......adjustments NOT Occupational Health referrals.Case No:2505901/09
Royal Mail is an Equal Opportunities Employer..It discriminates against everybody.