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S Ghazi's avatar

Hi Tim - I have emailed you about my situation with my employer. I am also pregnant but I feel I have been mistreated / targeted (more info on email) I look forward to hearing from you

Thank you

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Ms DL's avatar

Tim I actually think I’m been a victim of constructive dismissal… I have so much proof on group business WhatsApp and also personal between myself and my employer… so much has happened over the last two years( Iv worked for them 6 yrs no contract no wage slips sometimes don’t get paid get ignored when I message them to be paid and also I used to have a business some years ago doing the same thing as in this employment.. I’m at a loss of what to do in my situation??

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Tim The Business Doctor's avatar

Are you still employed or have you left? Constructive dismissal is one of the hardest cases to prove. You need to show that the actions of your employer were so serious as to amount to a fundamental breach of contract and you resigned as a consequence of that breach.

It does not have to be a one-off event. It can be a series of smaller less serious events which, on their own, would not be considered a fundamental breach, but collectively they are. You must resign because the last event was the 'last straw'. You must not delay as affirmation of the contract is one of the most common reasons constructive dismissal claims fail. Remember too, that you only have three months, less one day, to make a tribunal claim.

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