Jonathan’s constructive dismissal claim settles for £9,000
3 minute read
Employment law case study.
Jonathan and a work colleague had made plans to go into business together. They intended to purchase an existing business in the healthcare sector as a side investment and a sale was agreed. Both men enjoyed their jobs and had not intended to resign and pursue their new venture on a full-time basis.
Unfortunately, due to the COVID-19 pandemic, this sale did not complete. Neither Jonathan nor his colleague informed their employer of their entrepreneurial venture. However, several months later, Jonathan’s employer informed him that he had learned of Jonathan’s intention of purchasing a business. He called the move “unethical” and told Jonathan that if he did not resign, that he would be dismissed. Consequently, Jonathan quit his job.
Employment law claims & compensation
Jonathan felt deflated and frustrated at how the events played out and subsequently contacted McCartan Turkington Breen for legal advice. He spoke to Clarissa Ingham of our employment law department who provided him with a free initial consultation. It was clear that this was a case of constructive dismissal. Clarissa issued proceedings and liaised with the Labour Relations Agency, the independent organisation that assists through mediation, in an attempt to settle the matter. The employer made a settlement offer, but Clarissa advised Jonathan to reject it as his case had strong merits and was worth a higher monetary figure.
Office of the Industrial Tribunal and Fair Employment Tribunal
Clarissa prepared to proceed to an Industrial Tribunal hearing. Shortly before the case was due to be heard, Jonathan’s employer queried whether there as any scope for a settlement. Further negotiations commenced and an offer of £9,000 was made which was accepted.