How to claim constructive dismissal Ezra Macdonald
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- čas přidán 20. 05. 2021
- In ‘How to claim constructive dismissal‘ Ezra Macdonald will review notable recent decisions and provide practical analysis and advice designed to give an up to date overview of all key issues and update delegates on law, practice and procedure.
Topics include:
- Constructive dismissal and reasons for dismissal - what works?
- Pleading the reason for the dismissal
- Technicalities: breach of contract and acceptance of breach
- Time issues: delay, waiver, and time limits
- Tactics: when to negotiate
- Value: how to increase the value of the claim
What you’ll learn
This seminar aims to do two things:
- First, to sharpen understanding of the underlying mechanics - avoiding pitfalls and increasing the effectiveness of the pleaded claim
- Second, to consider settlement issues - helping to reach an earlier (and better) settlement for the client
Ezra Macdonald, Barrister, Pump Court Chambers
Ezra Macdonald has a busy employment practice, both on paper and in Tribunal. He has advised and represented clients across a broad range of issues, including (as a selection) unfair dismissal; redundancy; discrimination (including “associative” discrimination and discrimination by perception); TUPE (including “TUPE-analogous” cases in the public sector and the Henke exception); restrictive covenants; employee share schemes; and the application of the Working Time Regulations 1998. His practice is evenly split between claimant and respondent work. He has been instructed on multi-week Tribunal hearings and half-million pound claims, straightforward judicial mediations and small holiday pay cases, complicated defined-benefit pensions matters, and everything in between. There is often an overlap between Ezra’s commercial practice and his employment work, dealing with (for example) share purchases and sales of businesses.
Ezra provides pro bono advice for Maternity Action, and is always happy to provide assistance - minor or otherwise - at any stage of litigation. For further information on his practice please visit: www.pumpcourtchambers.com/bar... or contact his clerk via email: clerks@pumpcourtchambers.com or on 020 7353 0711. For a copy of the notes which accompany this webinar please email s.collum@pumpcourtchambers.com.
This was fantastic. Super valuable as CD is a tough one to plan out. 🙌
Hello - so I bounced back and forth with junior member of my union - f##king useless. This is very clear cut and definitive - awesome Ezra! I did resign after an industrial accident after 11 months service. This was 2021 almost about to go to tribunal - personal injurie claim will follow later. So unfortunate I couldn't resign and present Repudiatory Breach at the same time along with my grievance - buggers put me in hospital before I could. - This is one of the most concise and sensible media on you tube - well done!
Many thanks. I’m representing a friend in an unfair dismissal case soon and this has been really useful.
Thank you for making and such a structured and informative video. It is very helpful and succinct. Peace & Love, Queen Ester, UK
Brilliant video! Thank you so much
Update: I followed the guidance/information in the video, lodged an ET claim for constructive dismissal. Recently Settled amicably via ACAS for a financial lump sum 👍
May ask how was your lumpsum calculated? A few months salary? Just about to go through the same and not sure how or what to ask? After 5yrs employment
This is amazing video! Really helped, dealing with tribunals on my own and this has helped so much when I feel so lost!
The whole issue of whether using a grievance procedure could be deemed as affirmation is such a grey area. I think it’s fair to say you would usually be expected to lodge a grievance before claiming constructive dismissal, otherwise any damages you are awarded at an employment tribunal could be reduced.
I have just put a grevance in....so this is very helpful.
Why is it a grey area to put In a grvance?? You need this to tell hr what is wrong.. to cover you.
23:30 - for my own reference (discrimination concurrent with).
Not sure what is meant by ‘accept breach’…
32:40 - doesn’t this contradict the ‘can’t give yourself time to look for a job’, or is this only within the notice period?
I am gonna watch this video again and again and again
Just what the doctor ordered
Magnificent
Ta
Area of not ABLE to constructively dismiss if on long term sick and forced to claim benefits for sick pay run out, can mean employee being "sanctioned" and lose all benefits as dwp see it as "resigned" so have up employment. Few can give an answer as to ehether benefits are sanctioned. This needs taking into account
Excellent information thank you .
What about working under protest pending resolution of the grievance? What if the employer is deliberately delaying handling the grievance?
I have the same question.
If on long yerm sick, caused by an accident at work, and no sick pay, the employee is left claiming benefits . If the employee resigns, even as a constructive dismissal, they can be "sanctioned" as it counts as a resignation and can lose all benefits and left penniless. In the case i have been involved in, after many known breaches and altered accident / fire safety/ Cossh teports, they were forced to wait to be fired. Now my argument is that he couldnt resign thru constructive dismissal to the Tribunal. A horrible dilemma