Unfair Constructive Dismissal - Do I have case and what are my rights?

Liz_the_Whizz

Darren,

I won't comment on the merits of your case, which you may or not be able to argue.

The problem is that this is NOT a headline grabber, no limit on compensation case, however you look at it.

If you were to win, you would get some moral satisfaction and minor financial compensation, but remember you are expected to mitigate your loss (ie get another job) in any case, so it's likely to be a Pyrrhic victory at best.

Employment Tribunal claims can also become all-consuming and corrosive. Sometimes it's better to accept that, for whatever reason, your face doesn't fit and it's time to move on. We spend too much time at work already without being unhappy about it or letting it take over our lives.

My advice would be find yourself a better job and rediscover that feeling of working somewhere you are valued.

Conor_3

darren.reading wrote: »

Surely my case will be viewed as constructive dismissal because my employer has recruited someone to do 100% of my role.

Not if they can prove you aren't competent which TBH, isn't really too hard to do if they really wanted. There is no legal requirement for a company to train someone other than that which would be required to ensure compliance with H&SE legislation.

pinkshoes

I agree with Liz the Whizz, that perhaps you should accept that your face no longer fits, you're not happy in your job, and you should move on.

I presume they'll still be paying you the same, so they're not asking you to take a pay cut? They're quite entitled to change your duties within a job, and it's not like they're asking to do something that you're not capable of.

In my last job, I met every target in my appraisals every year, did everything that was asked of me, and yet I still ended up with a low score, because they had to "average all the scores out". I pointed out that this meant 50% of the workforce would end up with below average appraisal scores, and it was a stupid unfair system, but it fell on deaf ears. I just got to the point where enough was enough, and I wanted something more challenging, so I moved on.

By all means kick up a fuss if that's what you feel you need to do, but from what I can see, you don't have a much of a case as you haven't even been dismissed, and in the long run, it may cause you more damage that good!

Jobs are hard to come by nowadays, so why not attempt to apply to other jobs, but in the mean time, just keep your head down and don't give them cause to sack you i.e. don't even put a whisker out of line!

cazziebo

No case for constructive dismissal that I can see.

Do you still have a job to do? Do you have the necessary tools/resources to do it?

I don't think it's a case of the "face doesn't fit" unless you are being managed out by following a proper process. The company has to meet the needs of the business, and have restructured to be able to do this.

Constructive dismissal is notoriously difficult to prove and win. don't see a rock solid case here.

darren.reading

Thank you everyone.

I truely value your opinions, and will be following them in the meeting with my manager today.

I will approach it professionally and flexibly, and hopefully will be able to come to an arrangement with my employer.

Many thanks again.

darren.reading

Thank you once again to you all for your advice.

I have a very good meeting with my manager, and felt I approached it calmly and professionally given all your advice, and we have reached a compromise that works for us both, and one that I am happy with.

So thank you again ... these forums really do work!

ICOD

altyfc wrote: »

From what I can see, you haven't been dismissed so I don't see grounds (as yet) for unfair dismissal. I would also hold off from resigning until you know exactly where you stand. Have you tried speaking to your employers directly? What is your current role?

The KEY words in the original statement were "CONSTRUCTIVE" and "DISMISSAL".

As altyfc is obviously not aware that Constructive Dismissal is when an employee is put in a position where by they feel they can no longer do the job they originally started and that they have been left no other choice than to resign/quit. (It has nothing to do with being literally dismissed)

SO, Constructive Dismissal is about the company "constructively" getting rid off an employee by making them feel uncomfortable, unwelcome, uneasy or unwanted etc..

scooby657

Hi there,
I am new to this forum & so I must appologise if I have placed this question in the wrong area!
Please can someone advise me with regards to the following:

My Dad is 60 years old and has worked for a company for the past 15 years as a delivery driver, working Monday - Friday 9x5. The company has now stated that jobs must go, however even though my Dad has offered to take redundancy they state that they will not be making redundancy payments. It seems that what theyre actully doing is planning on changing his role to influence him to resign so they dont have to make any payouts! They have said that his working week will now include Saturdays (with Monday given off in lieu) and also that he will have evening deliveries to do which is obviously contrary to the contract of the original job he was employed to do. Is the company allowed to do this and basicaly force my Dad to resign without being paid what he is entitled to?
Your advice would be mst appreciated
Regards
Scooby

BargainGalore

scooby657 ask for advice from Acas but if what you said is true he may well have ground for constructive dismissal

Reggie_Rebel

I had a meeting with my manager whereby he stated that recent performance had lacked technical knowledge and experience as well as showing a lack of commitment, and therefore he had recruited someone else to perform part of my role, but that I would continue with the other part (call these parts X).

So they do have issues, issues that have become apparent recently. The question you have to ask yourself is are these comments fair?

Do you lack technical knowledge?
Do you lack experience?

If they are fair comments, and given that you work in finance department then, in the current situation the business must do all it can to protect it's cashflow. Getting in someone with the knowledge and experience would be a sensible course of action.

The commitment issue would worry me most, if they are looking to get rid of people then someone showing a lack of commitment would head the queue.

Going back to my previous point about getting someone else in more capable then it would be sense to have them keep an eye on a uncommitted member of staff.

AS you say, showing a professional and flexible attitude will go a long way, good luck