Unfair dismissal

[patdavies]

OK, I know that 'constructive dismissal' has to be taken to an ET as unfair dismissal and this must be within 3 month, but when does the 3 month clock start?

 

Is it.

1) from the day you tender your resignation,or

2) the last day of employment?

[Weird Al Yankovic]

Not all constructive dismissal cases have to be within 3 months so it depends on what the dismissal was for.

[loopsy loo]

Firstly sorry if I've posted this in the wrong place.

 

My situation is I took on the role of receptionist in a busy GP surgery, a similar role I has for 10 years in the NHS, on the day before my role commenced my daughter 12 years old, was hopsitalised due to a neurological disorder which we thought she had fully recovered from. (it's akin to MS, but we thought she it was a post viral thing and therefore recovered). I explained all this when I started work and unfortuatley during that first week I had a few days off to look after my child. However I have always done my best to juggle work and my daughter and although through my 3 month probabation my contracted hours were 329 and I completed 353. I was dismissed on the grounds of level of commitment due to personal issues and work performance. This they only brought up with me at 2 weeks before I was dismissed. They stated at this interview (of which I took a witness) that it was indeed down to my daughter's ill health, the work performance issues were just a smoke screen, which I feel I can prove.

 

I feel I have a fairly strong case on the sexual discrimination front and equal rights, and as I believe that even though I was on a probabation time, they have discriminated against me.

 

Other issues were that I felt the Practice Manager just didn't like me and she made a comment about my chest when I was out of work visiting the Drs for a personal appointment whilst she herself was in work. In addition to this I received notice of my dismissal through the post when I was on approved leave, (when they thought I was away) and said it was with immediate effect. Does this mean they will have to pay me my holiday and a further weeks notice? In addition I still have the keys to the premises, surely they are breaking their own security policies here? And they left me working alone in a rural surgery, if they truely had issues with my work performance why wasn't training given and why was I allowed to do overtime and lone working.

 

Iam gutted as this is so unfair, I loved my job and the staff, felt I was doing really well and was in fact told so, up until I said I had to take my daughter to a hospital appointment. Whereupon I received a letter that day.

 

Sorry this is longwinded but any advice would be welcome.

 

Loopsy Loo