Is this Constructive Unfair Dismissal?

Mersey_2

As you've been employed for over 12 months, you have full employment rights, if you needed to claim unfair or wrongful dismissal, ie including constructive dismissal.

You would also be entitled to redundancy pay, if that's what happens.

It doesn't matter re your entitlement that you don't have a written contract of employment - although they should have supplied this.

As you'll be aware often some employers may try to skew criteria re redundancy or force an employee to leave - but both mean that you would be entitled to financial redress. So, in short the law does afford you protection, although I realise it will still be a worry re your finances.

I'd advise seeking a solicitor's advice - preferably one specialising in employment law, that does work on a CFA (on a no win no fee basis). Just a single letter can work wonders and it reminds the employer that you're aware of your rights. It depends if you think this may antagonise matters, although from what you say, it may already be at that stage.

Mands

PoorPennilessMe wrote: »

the issues 'outside of my control' are actually to do with our customer not doing what they are supposed to. Something that the owner of the company does not seem to want to address or even acknowledge (when I started to mention those issues at my meeting he became quite irate and stated that he 'did not want to hear it!')

What are the customers not doing that they should be?

KiKi

PoorPennilessMe wrote: »

Fourthly, I have indeed explored the route with my employers of them loaning me until sorted, but they have refused. Whilst not saying it, they have left me with the impression that I am being investigated for some reason. I get the feeling that sacking me would be cheaper than redundancy for them (in their opinion) so are seeking any method to do so.

Do not resign, whatever you do. Unless you're prepared to leave and walk away. Constructive dismissal is VERY difficult to prove let alone win, and it's down to you to prove it. Very difficult when you're no longer in the job.

*If* they were to sack you, then you may have a claim for unfair dismissal if they don't take the right action or have not allowed you to do your job

I would not draw any lawyers into this just yet, you need to try and sort this internally. If you are genuinely being prevented from doing your job, then firstly meet with your manager. Take verbatim notes of what he says. If he refuses to help, and it means your job cannot be done, then you will need to put in a grievance and see that through first.

If you are genuinely sick through this, then you may need to take time off work. Whatever you do, though, keep within the policies, procedures etc - don't put a foot wrong. If they refuse to acknowledge the issues which are not allowing you to perform, then they'll be the ones to slip up, so you have to be spotless!

I have been employed by them for nearly four years - although I have yet to see a contract (I know that I am the only employee without one).

You're not entitled to a contract (only a statement of particulars, but you can't do anything about that anyway unless you were to go to ET for other reasons).

KiKi