Employment law help

[The Muffin Man]

Is a false accusation of fraud enough for a constructive dismissal case?

Constructive dismissal is one of the toughest things in employment law to prove. Whatever your solicitor says, listen to him, its a pig to prove.

Constructive dismissal tends to get settled out of court I think. Employers tend to panic if there's legitimate reason, even if there's a supposed lack of evidence; they don't know what you have.

Its often cheaper to settle out of court without admitting liability than it is to pay a barrister to take the case.

 

[wasnotwas]

Constructive dismissal is one of the toughest things in employment law to prove. Whatever your solicitor says, listen to him, its a pig to prove.



Its often cheaper to settle out of court without admitting liability than it is to pay a barrister to take the case.

It depends upon evidence available whether you just settle for a reference (evidence weak) or go for compo (evidence strong). If the latter, make sure the case is watertight or the employers at least think this.

Settling out of court is the safe option even if the case is relatively strong.

Going to court requires the case to be really watertight.

 

[Lord of the Dance]

Is a false accusation of fraud enough for a constructive dismissal case?

To claim constructive dismissal, you have to leave of your own accord, claiming that the "situation" had made your position untenable


Don't necessarily need to have anything in writing from the other side but will need to provide some evidence to back up any claim

Hope this helps

 

[Northolt Mackem]

Absolutely this, and the employee has the right to representation. I work in HR, judging by the above, so does Gretzky! - but all disciplinaries should follow the above process.

It's the right to be accompanied under the relevant statute and ACAS Code of Practice.

Constructive dismissal involves a gross breach of the duty of trust and confidence owed by the employer to the employee. It requires an action or a course of conduct by the employer which can be said to amount to a disregard for - a repudiation of - the terms of the employment contract. Generally speaking an employee feeling so aggrieved is expected to resign with immediate effect otherwise they risk affirming the breach.

If the employer had a reasonable even if mistaken belief that a fraud had taken place and they followed a reasonable process in investigating it and the employee was cleared then a claim for constructive dismissal would be difficult to sustain. If the claim is clearly a falsehood then the employer is treading on thin ice and legal advice should be sought.

 

[wasnotwas]

So what's happened with this?