Dear CAG. I have taken legal action against my former employer on the ground of unfair dismissal and racial discrimination. My claim for unfair dismissal is based on the fact that in February 2013 my former employer, with whom I worked since October 2011, had left me without any work, and because of that I was forced to seek new employment, which I did. The situation with my former employer is a bit complicated due to the fact that I was employed on, what is called, a "zero-hour contract", and it is clearly written down in my contract of employment with them, that they have no obligation to offer me any work, and I have no obligation to accept any work offered by them. I, however, think that the fact that I was employed on a "zero-hour contract" does not really matter as it is the true relationship between an employer and an employee that really matters, and in my case I believe I have strong case to prove that I was actually an employee. It will be, therefore, up to the Employment Tribunal to establish if I was an employee, or not. Followed by being left without any work in February 2013, but knowing, at the same time, that there were shifts available, in April 2013 (this was before I submitted my claim to the Employment Tribunal, and still not having any work from them since February 2013) I wrote a letter to my former employer requesting to immediately bring me back to work. Soon after that letter the employer started offering me shifts. I, however, still decided to proceed with a legal action and in the end of April 2013 I submitted my claim to the Employment Tribunal. My claim was accepted. In my ET1 form I claim unfair dismissal (the fact that I was left without work in February 2013 and forced to seek new employment) and racial discrimination. However, because I submitted my claim after I had send a letter to my employer requesting to bring me back to work, and as a response to that letter my employer started offering me shifts, in the part of the ET1 form where it asks "Is your employment still continuing?" I ticked: YES. The fact is, that following that letter, which I had sent in April 2013 and during the period when the employer was "trying" to bring me back to work, there were more discriminatory acts against me, which totally put me off, and up till today I have not worked any shift. I, therefore, have not worked at all for them since when they left me without work, which was in February 2013. In the response to my claim (ET3 form) the employer now argues, that I am still in employment with them, and I am being offered shifts, which I do not undertake. In this situation I do not quite know how to proceed. I still believe that I was unfairly dismissed in February 2013. I have done quite a lot of research on a zero-hour contract, and the fact is that an employer can terminate a zero-hour contract by simply stop offering work, and no other formal termination is needed, so therefore, I think I was correct to assume I was dismissed in February 2013, and this is exactly how I felt at that time. However, the fact that later on (in April 2013) I sent the employer a letter, in which I requested to be brought back to work, and as a response to that letter they started offering me work, as well as the fact that I ticked in my ET1 form that my employment is continuing makes me now think that maybe I am, in fact, still in employment with them. I am, therefore, thinking that maybe I should now send the employer a letter of resignation and claim constructive unfair dismissal, which I believe I have strong grounds to proceed with as well. However, I am not quite sure what the law says. Can unfair dismissal be undone? If the Employment Tribunal admits that I was unfairly dismissed in February 2013, could that dismissal be undone by me sending a letter to the employer requesting to bring me back to work, which they did, but at that point I did not want to work for them anymore and did not accept, nor did any work for them. If, however, my dismissal never actually happened, or that part of my claim fails, can I still claim constructive unfair dismissal? - if I submit a letter of resignation now. Is it legally possible to claim both unfair dismissal followed by constructive unfair dismissal? Or maybe I should not send any letter of resignation at all and stick to my original claim that I was unfairly dismissed in February 2013. I would very much appreciate any advice on that matter as I would not like to weaken my case by making any unnecessary mistake. Thank you very much and looking forward to any advice.