constructive dismissal

simo1989-2008

hi, i have been working for a company now for just over 4 months...i told my boss i was not going back in to my job due to being shouted at and snapped at all the time. after trying to talk it out with the boss who is the problem by the way we continue to still argue. he said he was happy with my work. he even offered for me to go back but wont back down on how he has treated me..i went to doctors and got a sick note for depression as i am so chewed up about it. he said he isnt paying me SSP as i resigned even though he offered me to go back. i have told him i will now have to take him down the constructive dismissal route and he says that we will do that..he wont sack me or lay me off.
just wondering what the outcome of a constructuve dismissal case could be if i won?

trishandbubs

Maybe Im reading your post wrong but be saying your not going back that is you resigning surely

Jarndyce

simo1989-2008 wrote: »

i will now have to take him down the constructive dismissal route

Not with only four months service you won't.

simo1989-2008

so how long do you have to work before a constructive dismissal case can be brought then?

i cant go back its been too bad...i had to leave due to the attitude he has towards me...

sarahjayne1977

I maybe wrong but too do a constructive dismissal case don't you have to been with the employer for a year+ ??

Sure current goverment are trying to change it so its 2 years at the min!

simo1989-2008

i cant find any info on how long i should have worked for them

Ronaldo_Mconaldo

Oh well, no pay off for you. Looks like you'll have to work for a company for a year before you try to pull a stunt like that. Better luck next time.

robpw2

for constructive dismissal unless on the grounds of discrimination you have to have been there a year

sarahjayne1977

http://findlaw.co.uk/law/employment/constructive_dismissal/500236.html

You may find this a good read..google is a wonderfull place!!

simo1989-2008

he is just always snapping and shouting....i wanted to go home at 2.30pm last thursday after i had worked from 6am. my usual shift is 8 and 1/2 hours and he wanted me to stay on and do overtime. he had me collecting gas bottles in my van illegally. he didnt put me on the same wage as the previous employee was on. the last employee was on 9 quid i am on 7.50
is this discrimination????

zzzLazyDaisy

Here is a list of the qualifying periods.

Constructive dismissal comes under 'unfair dismissal' and requires one year's service before you can complain to an employment tribunal


http://www.got-the-boot.com/law/law-02.htm