pixiedunne
Dunne Associates
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Constructive Dismissal - ET case

Constructive Dismissal ET case

When a case between a claimant (me)and respondant is heard at court, are there ever any exceptions to the rules regarding one year length in service before being able to claim constructive dismissal against a former employer, especially if there are further mitigating circumstances and evidence? Or, is this a 'set in concrete ruling' which the court has no jurisdiction over?

Thank you.
Pixie Dunne

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22nd Jan 2008 08:26

pixie
if you have not got a year ie 51 weeks then the tribunal should not even be accepting your claim. I gues the issue might be about continuity but otherwise you are wasting everybody's time

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23rd Jan 2008 07:13

pixie
they might listen and sympathise and facts might be indicative of a discriminatory intent but there is no chance of winning a CD cases with less than 12m service. Focus on the DDA and winning the sympathy of the tribunal not wasting their time.

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22nd Jan 2008 19:10

I understand if linked to a DDA claim this may be upheld?

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