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A case for constrcutive dismissal?
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curiousgeorge1
Posts: 939 Forumite
Does my father have a case for constructive dismissal?
I have always known that my father has been treated poorly by his employer. While he was making a good living back in 1992, since he became ill and needed hospital treatment and 6 months off work, he has not received a single pay-rise, eroding his real income dramatically despite doing the same job as expertly as always. The industry he is in has shrunk and the company he works for has gone from 13 staff to just 4, but it has still remained profitable and perhaps, proportionately profitable to the number of staff, but the owners of the company have for a long time been sucking it dry of cash whenever they could.
Over a year ago, the employees were put on 3 day weeks. My father said that because it was such a small company, this was allowed without his consent, as the other two staff seemed to okay it. But the big difference between my father and the rest, is that he is expected to carry on working five days a week, and on the basis of a bonus agreement that is linked to turnover, while the others are happy enough to work fewer days and kind of semi-retire. No provision or agreement has ever been made about taking any working weekday off, and because he travels on business trips, in reality he works more than a 5 day week.
He has never in his 30+ years of working there had a written contract, and still has had nothing in writing about the 3 day week, or the bonus agreement. He is constantly owed bonus money which he has to try to chase up all the time. I think they are about 6 months behind paying him that, and even with it his income is still far below what his 5-day a week salary was.
Anyway, I've not done well in keeping this succinct, I apologise. But I would so appreciate some help as to what to suggest to him. He has been put in quite an awful position of earning a fraction of what he once did, while working just as hard and in the time of his life when he should be at his peak earning years. He is 3 years away from retirement age, and propping up a company where it seems he is the only one putting in a full days work (the company is now run by the son of the once-manager and his heart clearly isn't in it). It just seems like he is waiting for my Dad to walk away so he doesn't have to pay him any redundancy money.
I have just found out about "statutory guarantee pay". This certainly isn't being paid, but perhaps it doesn't apply to small businesses?
He has mentioned to me about wanting to go to an Employment Tribunal and claim constructive dismissal, but he hasn't researched this yet and I don't want him to go and pay a lawyer lots of money for advice we can probably get elsewhere before embarking on a possibly humiliating and costly waste of time.
What are his options, beyond simply walking away with nothing? He is an inch away from doing this and I'd like to give him some hope.
I have always known that my father has been treated poorly by his employer. While he was making a good living back in 1992, since he became ill and needed hospital treatment and 6 months off work, he has not received a single pay-rise, eroding his real income dramatically despite doing the same job as expertly as always. The industry he is in has shrunk and the company he works for has gone from 13 staff to just 4, but it has still remained profitable and perhaps, proportionately profitable to the number of staff, but the owners of the company have for a long time been sucking it dry of cash whenever they could.
Over a year ago, the employees were put on 3 day weeks. My father said that because it was such a small company, this was allowed without his consent, as the other two staff seemed to okay it. But the big difference between my father and the rest, is that he is expected to carry on working five days a week, and on the basis of a bonus agreement that is linked to turnover, while the others are happy enough to work fewer days and kind of semi-retire. No provision or agreement has ever been made about taking any working weekday off, and because he travels on business trips, in reality he works more than a 5 day week.
He has never in his 30+ years of working there had a written contract, and still has had nothing in writing about the 3 day week, or the bonus agreement. He is constantly owed bonus money which he has to try to chase up all the time. I think they are about 6 months behind paying him that, and even with it his income is still far below what his 5-day a week salary was.
Anyway, I've not done well in keeping this succinct, I apologise. But I would so appreciate some help as to what to suggest to him. He has been put in quite an awful position of earning a fraction of what he once did, while working just as hard and in the time of his life when he should be at his peak earning years. He is 3 years away from retirement age, and propping up a company where it seems he is the only one putting in a full days work (the company is now run by the son of the once-manager and his heart clearly isn't in it). It just seems like he is waiting for my Dad to walk away so he doesn't have to pay him any redundancy money.
I have just found out about "statutory guarantee pay". This certainly isn't being paid, but perhaps it doesn't apply to small businesses?
He has mentioned to me about wanting to go to an Employment Tribunal and claim constructive dismissal, but he hasn't researched this yet and I don't want him to go and pay a lawyer lots of money for advice we can probably get elsewhere before embarking on a possibly humiliating and costly waste of time.
What are his options, beyond simply walking away with nothing? He is an inch away from doing this and I'd like to give him some hope.
0
Comments
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I'd get hold of ACAS as a first step - they'll probably have more idea of where he stands legally. Or alternatively you could find a solicitor who specialises in employment law and see if they offer the free 1/2 hour consultation that some do, as a starting point.
That way you'd have a bit more of an idea as to whether he's been treated fairly or not before he makes any hasty decisions. Constructive dismissal can be a very stressful process for all concerned.All shall be well, and all shall be well, and all manner of things shall be well.
Pedant alert - it's could have, not could of.0
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