How to write a constructive dismissal letter
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A good friend of mine will have to leave his job due to employer not making minor adjustment for him. His employer will not comply with A2W recommendation despite them making stoppage to his pay that would more than pay for the equipment he needs. They will not send him to OH as it cost them money to do so. Manager said that he can manage his disability but that not good enough as he needs the equipment that A2W recommended.
To stop his health being damaged more he has decided to leave work as he cannot stand the stress of it anymore. I have been trying to help him with the letter but do not sure how to do it. Any help available please.:o
To stop his health being damaged more he has decided to leave work as he cannot stand the stress of it anymore. I have been trying to help him with the letter but do not sure how to do it. Any help available please.:o
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You don't write a letter claiming constructive dismissal to leave a job. You can state you're leaving because they refuse to make adjustments. And then you take them to tribunal.
However the law only requires an employer to make reasonable adjustments, not any and all adjustments. What did your friend want to be done?0 -
Thanks notmyrealname, she only want them to purchase equipment whcih is not expensive for such a big company. She tells me that her company has made many stoppages to her salary and that along would pay the equipment but they keep stalling saying we got to wait for it to be agreed. They have known about it for months now and her employer has not done anything about it.
She feels that if she goes back to work she will be bullied, it would be unbearable for her and she would end up leaving anyway.
So you are saying that all she needs to do is not go into work and that is OK for constructive dismissal. This will mean that she will not have to send in anymore medical certificates to her employer. sorry not good regarding employment law. :o
She has a tribunal started for them not making adjsutment for her but will she have to change that now.0 -
It's not as simple as just not turning up and then being "OK for constructive dismissal". The vast majority of constructive dismissal claims fail at tribunal (I think SarEl, an employment barrister who posts here, has quoted figures of something like 3%).
If she already has a "tribunal started", then presumably she's raised a grievance with the employer? What reason did it give for not providing the equipment? Can she work at all without it?0 -
If she simply stops attending work, the employer will in all probability sack her.
If she wishes to claim constructive dismissal she should inform the employer of this, usually in the form of a resignation letter.
The pay stoppages you mention, did she agree to this or has the employer taken a unilateral decision to deduct sums from her salary without agreement?Don’t be a can’t, be a can.0 -
What equipment are we talking? Keyboard, special chair, adjusting desk? how many people does the company employ. Answer these questions and you may get an opinion if she is in constructive dismissal territory.0
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If she already has a "tribunal started", then presumably she's raised a grievance with the employer? What reason did it give for not providing the equipment? Can she work at all without it?The pay stoppages you mention, did she agree to this or has the employer taken a unilateral decision to deduct sums from her salary without agreement?
Yes they have taken a unilateral decision to deduct sums from her pay without agreement one month she did not get paid at allWhat equipment are we talking? Keyboard, special chair, adjusting desk? how many people does the company employ. Answer these questions and you may get an opinion if she is in constructive dismissal territory.
Adjustment to desk the employer is very large firm over 3000 employees, fund not a problems for them.0 -
you cannot assume an employer has spare funds just because they are large.
I think you are looking at a discrimination claim as opposed to constructive dismissal.
1. Is your friend actually disabled as defined by the Equality Act, and have they given the employer evidence of this?
2. Has your friend exhausted all internal procedures including the formal grievance procedure?
Without both of those, hiding to nothing. And you need evidence of both.Debt free 4th April 2007.
New house. Bigger mortgage. MFWB after I have my buffer cash in place.0 -
you cannot assume an employer has spare funds just because they are large.
I think you are looking at a discrimination claim as opposed to constructive dismissal.
1. Is your friend actually disabled as defined by the Equality Act, and have they given the employer evidence of this?
2. Has your friend exhausted all internal procedures including the formal grievance procedure?
Without both of those, hiding to nothing. And you need evidence of both.
What kind of evidence do they need she had Access to Work involved and it was there decision for her employee to adjust the desk. Years ago her employer sent her to their OH and it was confirmed then that she got underlying ill health. She has taken out grievances but it got worse since then, more bullying she had to suffer from managers. Employer does not want to lose her as she is a very good worker but at the same time they do not want to help her either.[FONT="] [/FONT]0 -
so is this an adjustmemts claim or a bullying claim?
is the underlying condition actually a disability?
who made the A2w referal?
why do wages keep getting stopped/ docked?
etc etcDebt free 4th April 2007.
New house. Bigger mortgage. MFWB after I have my buffer cash in place.0 -
1. Is your friend actually disabled as defined by the Equality Act, and have they given the employer evidence of this?
2. Has your friend exhausted all internal procedures including the formal grievance procedure?If you haven't got it - please don't flaunt it. TIA.0
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