Has anybody on here sued for constructive dismissal, or know anyone who has? A mate of mine is gathering evidence and could do with some advice.

His local Citizens Advice Bureau will be able to help.
Also, Get him to check his House insurance. Often it carries Legal Assistance cover in the contents section. This will be very valuable if he needs a solicitor.

I thought about doing it 7 years ago, when I was made redundant, but delayed doing it because to be fair I was glad to see the back of the place and I got a tidy sum. When I did make an inquiry about it, I was told I was too late, you have to make a claim within 3 months.

My mate is a QC and he say's it's very hard to prove a case of constructive dismissal, I found this bit on the net.

You would only have grounds to claim constructive dismissal if you resigned, with or without giving notice, because of your employer's behaviour. It has to be shown that the employer's conduct is so serious that it amounts to a fundamental breach of conduct, which goes to the heart of the employment contract.

For claims based partly or completely on events before 6 April 2009 you also need to have brought a formal grievance against your employer and stated the reasons for your grievance.

http://www.worksmart.org.uk/rights/view ... php?sun=43

I'll agree with that BM.
He should try for Unfair Dismissal.
Not knowing the particulars I can't comment on any likelyhood of success but a solicitor would give him some indication of the claims' worthiness.

If he is a member of a union they will offer the best advice and should provide legal representation.
It will help if he has (or can) document all incidents that have led up to the dismissal, preferably in date sequence with any supporting documentation.

He should think long and hard about what he'll gain from it. A short term payout can easily be outweighed by gaining a repuation as a trouble maker which could make it nigh on impossible to get another job. What you are able to do legally and what you can do in practice are two completely different things. As a rule of thumb I'd say don't sue an employer if you're under 50 and want another good job in the same industry.

Anyone know anything about express or implied conditions in your contract of employment ?

The rates of pay for shiftwork aren't actually in our contracts, but have been set for the last few years.

Are we screwed if the company slash the rates and basically tell us to like it or lump it ?

Technically you will probably have a case, however I refer you to my answer above.

Aye thanks Mr R - much as we thought .... not a great deal of point sitting on the dole with a few months wages having technically "won" ....

There's a thing you can go for and its called "Custom and practice" What this means is that if something has been in for some time, and the company know about it, then it becomes custom and practice, and you can take them to court if they try and take it away.

Not sure how you'd get on but its worth a go