Tribunal reason

kerryoldham

Hi

I have a query I am hoping someone can help with.

I won't go into great detail but I am leaving my job because my employer fails to adhere to any of its own policies. As an example, I was recently refused a day's leave because there were already too many off - this wasn't a big deal as I only wanted the time off for Christmas shopping. However, the following day a colleague asked for the same day off to go wedding dress hunting and it was granted to her. I complained to my manager but got nowhere.

Previously, I had raised a formal grievance about being moved to a position in the company that I was not really equipped to do (they had to move the guy who was doing that job as his g/f worked on the same section and they'd had a nasty break-up so they looked around for someone to swap him with and decided on me) but the company refused to hear my grievance (even though it was perfectly legitimate)

Anyway because of this and hearing about issues that other people had also had, I became so disillusioned working for the company that I decided to look for work elsewhere. Happily, I have found another job and have now handed in my notice.

My query is this: is it possible to take my employer to an Employment tribunal for 'breaches of contract' without a 'constructive dismissal' angle to it?

I am sure that by failing to adhere to its own policies, failing to deal with employees in an equitable manner, etc, my employer has breached my contract. However, my reason for leaving is simply because I am fed up working there and is not because my working conditions have become intolerable (which rules out constructive dismissal)

All the information I have found on google, etc, seems to imply that the 2 go hand in hand. Can anyone offer any advice?

Sambucus_Nigra

What are you hoping to get out of taking your employer to a tribunal?

Googlewhacker

Doesn't sound like you have a lot to be honest.....are you likely to get a reference of them and if yes do you want to jepodise this?

kerryoldham

Sambucus_Nigra wrote: »

What are you hoping to get out of taking your employer to a tribunal?

I haven't decided to take them to a tribunal, I have just been wondering if it was possible. If I did go down that route, all I would hope to get out of it is an acknowledgement that myself and others in the company have not been treated particularly well.

Although I haven't been forced out by the company per se, I have had a rough couple of years because the management there seem to think they cannot be held accountable for any decision they make (and they are right as they have refused to hear many legitimate grievances apart from my own)

I think if a tribunal case was brought, it would give the organisation a huge shock and make them realise that they cannot run a company the way they have been doing.

Emmzi

doesn't sound like they have done anything unlawful. and I am not sure you know how painful an ET is, there are a few threads here you can browse - long, painful, dirty tricks, no guarantee of a win.

Do you have a new job to go to?

kerryoldham

Googlewhacker wrote: »

Doesn't sound like you have a lot to be honest.....are you likely to get a reference of them and if yes do you want to jepodise this?

They have already obtained a reference from my line manager and it was a very good one. My line manager is also leaving as she is as peeved with the company as I am

Emmzi

kerryoldham wrote: »

I think if a tribunal case was brought, it would give the organisation a huge shock and make them realise that they cannot run a company the way they have been doing.

I think it would actually prove the opposite. And asking for an exit interview with the big boss may do what you want to do, faster, cheaper, less stressfully.

kerryoldham

Emmzi wrote: »

doesn't sound like they have done anything unlawful. and I am not sure you know how painful an ET is, there are a few threads here you can browse - long, painful, dirty tricks, no guarantee of a win.

Do you have a new job to go to?

Yes, I have another job to go to.

I honestly wouldn't want to go through an ET. However, another part of me thinks it is disgraceful that a company can have comprehensive written policies, which they then choose to ignore when it suits them.

The company knows that none of the employees have any recourse in terms of employment law while they still work for the company (but someone who is leaving, ie me, might do

SarEl

If they haven't broken the law then you can't take them to a tribunal.

KiKi

Breach of contract doesn't have to go hand in hand with constructive dismissal at all.

However, I'm not really sure what you want to achieve. Do you just think they're crap to work for? Or did they actually breach one of your contractual terms and conditions? Unless you've lost out somewhere and want compensation I'm not sure what the purpose of going to ET is, and what a stressful, waste of time it will be.

KiKi

kerryoldham

SarEl wrote: »

If they haven't broken the law then you can't take them to a tribunal.

Thanks. Is the fact that they fail to adhere to their own policies, eg refusing to hear a grievance when they have no grounds for refusal, failing to treat employees equally, etc not breach of contract and therefore covered under employment legislation/law?