Scotland ET. EqA and ERA claims. Grievance took several months from submission to outcome. Appeal has been running for over 2 months with no outcome yet.
The claimant is already in active proceedings. There's a Preliminary Hearing coming up shortly. Have had some legal support previously but now proceeding as LiP - not starting from scratch but want to make sure I'm not missing anything on the timing question.
Question for anyone who's dealt with this:
Is there a strategic or legal advantage to resigning after the PH (while the appeal is still pending), versus waiting for the appeal outcome before resigning?
Specifically wondering about:
- Affirmation risk either way
- Whether the pending/unresolved appeal strengthens or weakens the cumulative breach argument
- Any procedural complications with amending an existing ET1 to add constructive dismissal vs filing fresh
- Whether a fresh ACAS early conciliation certificate is needed before amending an existing ET1 to add constructive dismissal, or whether the existing certificate covers it
Grateful for any practitioner input.
u/Altruistic_Kiwi5587 — 9 days ago