Case for constructive dismissal

SCAMPIDOODLE

Hi
My husband has had a lot of trouble at work recently and as a result it has become unbearable for him to work there. It started 6 months ago with collegues making allegations about him, they have all banded together and told a pack of lies, an investigstion by the HR department is still ongoing, but nobody there seems bothered about bringing it to a conclusion, although it is making life hard for my hubby and making him depressed. He really loved his job and had support from his immediate line manager, but now another job has come up and he has been offered it. its less money and less convenient, but he feels that he has no choice, as the investigation may result in a dismissaL.

He is loathe to walk away at this point, and would like to see the investigation out to the end (although it is being conducted poorly and unfairly)as he has done nothing wrong and wants to clear his name.

would he have a case against theM for constructive dismissal? as he has been placed in a position where he has no choice but to go.

THANKS

fengirl_2

He would have a case I think, but also if the company is dragging its feet in the disciplinary (as I assume it is), then they are not sticking to the Code of Practice published by ACAS. Cntact their helpline which is very good.

SueC_2

Constructive dismissal is a lot harder to prove than a lot of people think. The case needs to meet some fairly specific requirements in order for him to be successful. Whatever he does, if he is planning to go the constructive dismissal route he should not resign until he has consulted with a solicitor who is knowledgeable in this area and can advise him on the 'best' way for him to resign in order to help his case.

busterian

You cannot claim Constructive Dismissal as you have not been with the Company 12 months

SueC_2

busterian wrote: »

You cannot claim Constructive Dismissal as you have not been with the Company 12 months

Good point, can't believe I missed it! Welcome to the boards.

McKneff

Dont think the OP said how long her OH worked at the place, she said the trouble started 6 months ago or have i missed something also.

SueC_2

McKneff wrote: »

Dont think the OP said how long her OH worked at the place, she said the trouble started 6 months ago or have i missed something also.

Also a good point which I can't believe I missed. Friday afternoon... time to knock off obviously....

terra_ferma

I would say that the level of compensation would be very low if he finds another job, presumably the difference in pay over his remaining working life (or the time it may take to make up for it with promotions/good performance?)

If it's his word against other people (you don't say who, if just managers or colleagues as well) it sounds like it's going to be difficult to prove constructive dismissal.

Leaving before he is dismissal may still be a good option though, as he would not have a dismissal for (I presume) gross misconduct which in the end may cost him more in term of missed future opportunities and promotions.

PS this is not a competition for giving the best advice, so there is not need to be rude to each other, we are all trying to help the OP at the end of the day, not showing off (or are we..?)

McKneff

PS this is not a competition for giving the best advice, so there is not need to be rude to each other, we are all trying to help the OP at the end of the day, not showing off (or are we..?)

perhaps i am niave but i dont see any rudeness or showing off here, can you point it out and if i consider my comments to be rude of course i will apologise.

terra_ferma

McKneff wrote: »

PS this is not a competition for giving the best advice, so there is no need to be rude to each other, we are all trying to help the OP at the end of the day, not showing off (or are we..?)

perhaps i am niave but i dont see any rudeness or showing off here, can you point it out and if i consider my comments to be rude of course i will apologise.

Sorry It was not aimed at anyone in particular, the comment was meant to be light-hearted. I was trying to prevent an escalation I've seen in some threads where people start arguing about nonsense and totally lose sight of the initial discussion, call each other names and things like that.....
Glad I got it wrong, I like it when we all get on in this forum :beer:...

busterian

I cant believe I misread this thread too!

I thought the OP had said 6 months.

Its been a long Friday methinks.