Work Advice

[Jimbuna]

Originally Posted by Tribesman

Duty of trust and confidence and duty of reasonable support.

No employment solicitor would take that into an ET....there must be evidence of a physical/financial detriment before a tribunal chair (who is also qualified in employment law) will apply the test of 'Balance of probabilities'.

Any claim regarding breaches of trust, confidence or support etc. would be easily neutralised by the employers legal brief unless the treatment/behaviour happened over a prolonged period and was witnessed by numerous people who would be willing to appear and give evidence.

There would then have to follow a series of communications between the two parties with the onus being on the employee to make his employer aware of his wrongdoing and further evidence that the situation didn't change or in fact deteriorated to such an extent that the employee felt they had no option other than to resign.

I don't think the above situation is within a million miles of that point yet.

A good employment advisor would more than likely tell you that claiming unfair/constructive dismissal is like flipping a coin.....it can land on either face but it is a big gamble.

Remember, you have to give up your job first.

Not many cases are taken on (other than by no-win no-fee sharks) because they are lost in the vast majority of instances through lack of irrefutable evidence.

That would most probably be the legal advice in England and Wales anyway.