My employer told me I was being dismissed. I appealed and have heard nothing since even though its been a couple of months now. Can i go to tribunal to claim unfair dismissal?
Normally you and your employer need to follow the Dismissal and Disciplinary Procedures.
Although a claimant should under regulation 12 be wary of being the first to break with the requirements of the DDP's (as this result in a 10-50% reduction of any eventual award) there are situations where making an application to a tribunal is justified even before the outcome of an appeal.
E.g there is a general requirement such as taking steps without delay or conducting oneself properly at a meeting. If an employer is dragging his feet over your appeal you are justified in making a tribunal application.
"My employer swore at me the other day. Can I leave because of constructive dismissal?"
Your employer must not without reasonable and proper cause conduct himself in a manner calculated or likely to destroy or seriously damage the relationship of trust and confidence between himself and an employee.
In determining whether constructive dismissal has taken place, whether a fundamental breach of the duty of trust and confidence has taken place, the impact of the employer's behaviour on you is important. If swearing is normal in your work environment and you were not upset at the time, it would be hard to make out a case for constructive unfair dismissal. Were you to have been obviously upset at your employer's behaviour that would be different matter.
Whether your employer intended to upset you is not important, it is the objective impact on you that counts.
You have to prove any breach of the obligation on a balance of probabilities, and you will need to keep in mind that the test of whether there is a breach is high. It is not enough for your employer to have done something that was 'out of order'.
You need to prove that the conduct of your employer is sufficiently serious as to be regarded as a repudiation of the contract of employment, and therefore entitling you to leave immediately without notice.
Unless there was a history of abusing you, and this was just 'the last straw' in a chain of incidents, it would not seem that you could resign and win a claim for unfair constructive dismissal.
© Workrep 2007