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A case for Constructive Dismissal?
iammikec
Posts: 18 Forumite
Any advice would be greatly appreciated.
I work for a very large employer, which placed 3 of its contact centre sites on a 90 day consultation at the end of January with closures planned for the end of April. After numerous meetings it was decided that all 3 sites would close, one in April and the other 2 (including ours) in June.
After this announcement, I started looking for other work as I live in a very small town and didn't want to be one of 200 people looking for work at the same time - early release would have been virtually guaranteed.
The week after this announcement, another meeting was held as the company wanted to put all of the remaining members staff on 4 sites onto flexible shifts - this was rejected by the union and the company advised that they would look into other options with 3rd party companies.
Within 2 days of this announcement, we have been told that our contact centre will now remain open until the end of December so that they can look into selling the business to a 3rd party to avoid redundancies.
I, perhaps rather cynically, think that this decision is in part due to the type of work that our site does and the fact that we already have a number of flexible shift teams and we are the smallest site in both size and headcount. Our local MPs and the the Welsh Assemble Government held separate meetings and had been told categorically that we could not remain open, so the line about trying to avoid redundancies seems strange!
In an ideal world this extension would be great news for everyone that works here, but we have been told categorically that we will not remain open.
Does anyone have any knowledge of this type of thing happening and do you think that I might have a case for constructive dismissal?
I am very fortunate to have found a new job, but I was forced into looking for one and do not think that this moving of the goalposts is fair at all - nor s the fact that I have obviously missed out on a decent redundancy package.
Mike
I work for a very large employer, which placed 3 of its contact centre sites on a 90 day consultation at the end of January with closures planned for the end of April. After numerous meetings it was decided that all 3 sites would close, one in April and the other 2 (including ours) in June.
After this announcement, I started looking for other work as I live in a very small town and didn't want to be one of 200 people looking for work at the same time - early release would have been virtually guaranteed.
The week after this announcement, another meeting was held as the company wanted to put all of the remaining members staff on 4 sites onto flexible shifts - this was rejected by the union and the company advised that they would look into other options with 3rd party companies.
Within 2 days of this announcement, we have been told that our contact centre will now remain open until the end of December so that they can look into selling the business to a 3rd party to avoid redundancies.
I, perhaps rather cynically, think that this decision is in part due to the type of work that our site does and the fact that we already have a number of flexible shift teams and we are the smallest site in both size and headcount. Our local MPs and the the Welsh Assemble Government held separate meetings and had been told categorically that we could not remain open, so the line about trying to avoid redundancies seems strange!
In an ideal world this extension would be great news for everyone that works here, but we have been told categorically that we will not remain open.
Does anyone have any knowledge of this type of thing happening and do you think that I might have a case for constructive dismissal?
I am very fortunate to have found a new job, but I was forced into looking for one and do not think that this moving of the goalposts is fair at all - nor s the fact that I have obviously missed out on a decent redundancy package.
Mike
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Comments
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Why on earth would you think that?
There is absolutly nothing illegal or untowards here. You arent redundant until the day your contract terminates and they can change their mind up until that time.
For genuine business reasons they have decided your centre should stay open until December and it will.
Either move on now without the redundancy or wait until December and take your redundancy.
Technically it doesnt even sound like you were on your formal redundancy notice and instead still in a consultation period which lessens your argument even more.0 -
Did you think of your username, or was it given to you after one of your delightfully positive and friendly replies?
I've posted this question because I know that this is a forum where there are lots of people that will know far more about these situations than I do. I take on board what you are saying, but surely there is a less patronising way of you presenting your response?0 -
Did you think of your username, or was it given to you after one of your delightfully positive and friendly replies?
I've posted this question because I know that this is a forum where there are lots of people that will know far more about these situations than I do. I take on board what you are saying, but surely there is a less patronising way of you presenting your response?
Par for the course I'm afraid, but for once, he is probably right.0 -
I think it arises from his aspiration to become Supreme Leader of the DaleksDid you think of your username, or was it given to you after one of your delightfully positive and friendly replies?Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam0 -
I like Anihilator's posting style - straight to the point without any fluffiness. I don't like fluffiness.
OP, were you actually given notice? If not, I cannot see any grounds for complaint. If anything, I am impressed that your employer is being honest about the future of your employment.Gone ... or have I?0 -
We weren't given official notice at our site - it was confirmed that our site would definitely close and the 'proposed' closure date was changed from April to the end of June, which then changed again to the end of December when their other plans fell through.
In terms of legality, I have no doubt that everything has been done above board, but it is the way in which the company has changed things to suit their own circumstances - they have told us that this extension is to try and avoid redundancies when they have given notice to over thousand people redundant across the other two sites at the very same time.0 -
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How is this constructive dismissal? I don't understand0
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Which is fine - sometimes it is necessary to say it how it is, maybe without the offensive remarks.
What is more important though is that the points being made are correct!
That is true, but we all get it wrong sometimes (maybe some more than others). I'm sure his intentions are good though.
Gone ... or have I?0 -
DVardysShadow wrote: »I think it arises from his aspiration to become Supreme Leader of the Daleks
Oh really, i thought it was because he was born a d ick...0
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