Constructive Dismissal 2015

Snoggums

As a result of my now former employer creating a hostile work environment.

I was pressured to resign from my job.

Can anyone please advise as to how I would go about taking a constructive dismissal action ?

Also are any costs involved in doing so.

Youngblood.III

Solicitor....costs vary, it could take up to two years to process.
The onus is on you to prove that it was unfair, citizens advice office is s good start....
Best of luck.

Snoggums

I spoke with citizens advice who said that in their opinion I had a strong case.

I didn't know what constructive dismissal even was.
They advised get legal advice, but the thought of the costs made me nervous.

What about NERA ?

Do they only investigate a case and give a warning or can they take an action?

Stheno

Snoggums wrote: »

I spoke with citizens advice who said that in their opinion I had a strong case.

I didn't know what constructive dismissal even was.
They advised get legal advice, but the thought of the costs made me nervous.

What about NERA ?

Do they only investigate a case and give a warning or can they take an action?

You really need legal advice, can't imagine NERA can do much after the fact.
Perhaps contact them and a solicitor.

Youngblood.III

The problem with constructive dismissal is;
1. You can only be awarded 2 yrs salary max.
2. You have to show loss of earnings.
3. You better have rock solid evidence.
4. Was it really your only option to quit?
5. Did you try to engage with their company policies etc
6...finally 2yrs is a long battle, a solicitor would more than lightly charge you per hr....expensive.



If it's worth all this, then go for it.

endacl

Youngblood.III wrote: »

The problem with constrivt

Indeed.

Youngblood.III

endacl wrote: »

Indeed.

Fyi i hit "post" before i was finished :-)

.....saddo

_Brian

An important aspect of successful cases is that they tried extensively to utilise the companies internal appeals and hr systems.
If you cannot demonstrate this I'd be careful going too far.

Who knows what it will cost, you'll need a solicitor and that is unlikely to be free.

haveringchick

https://www.workplacerelations.ie/en/Publications_Forms/Workplace-Relations-Complaint-Form-v9.pdf

Start here.
If you want to take this seriously, as others have already said, you need to have exhausted your former employers grievance procedure before you actually quit.
Also, you can fire the initial shots across the bow by submitting this completed complaint form, but you will at some stage need legal advice as you can be sure your former employer will have a solicitor at any formal proceedings who will tear you a new backside if your sitting there on your own.

3DataModem

File a grievance, exhaust the procedure.

The max you can get is two years loss of earnings, so if you get another similar paying job shortly after leaving your max award is pretty much zero. And EAT don't pay costs.

It really really needs to be worth it, as it's a long and painful road.

_Brian

3DataModem wrote: »

File a grievance, exhaust the procedure.

The max you can get is two years loss of earnings, so if you get another similar paying job shortly after leaving your max award is pretty much zero. And EAT don't pay costs.

It really really needs to be worth it, as it's a long and painful road.

OP has already resigned so can't be involved in the companies grevience process. If OP hasn't exhaust the process before resigning then I'm afraid they are wasting their time with any case.

Snoggums

Who in their right mind would resign from a €40k job without good reason, I DID that's how bad things got!

Stheno

Snoggums wrote: »

Who in their right mind would resign from a €40k job without good reason, I DID that's how bad things got!

Plenty of people 40k is not that great a salary in the general scheme of things.

The point is that unless you have a history of establishing grievances while employed then it can be hard to demonstrate constructive dismissal

Bandana boy

How long where you employed by this company ?
Were you hitting the targets assigned to you ?
Did you give the company an opportunity to address and percieved unfair behaviour ?
You mention they pressurised you to resign , in what form was this pressure.