Advice on Constructive Dismissal

billybraggtastic

What constitutes constructive dismissal or where can you find guidance on such a matter?

uknick

Good luck in proving constructive dismissal. I believe this is one where the burden of proof needs to be with the claimant and not the respondent as in a normal unfair dismissal case.

From Wikipedia

http://en.wikipedia.org/wiki/Constructive_dismissal#Types_of_constructive_dismissal

A tribunal may rule an employee who resigns because of conduct by his or her employer has been 'constructively dismissed'. For a tribunal to rule in this way the employer's action has to be such that it can be regarded as a significant breach of the employment contract indicating that he or she intends no longer to be bound by one or more terms of the contract: an example of this might be where the employer arbitrarily demotes an employee to a lower rank or poorer paid position. The contract is what has been agreed between the parties, whether orally or in writing, or a combination of both, together with what must necessarily be implied to make the contract workable.

billybraggtastic

What about having an e-mail in my possession from my HR Dept to my Managing Director theorising how I may be removed from my post with no procedure or action currently being pursued?

ILW

billybraggtastic wrote: »

What about having an e-mail in my possession from my HR Dept to my Managing Director theorising how I may be removed from my post with no procedure or action currently being pursued?

If they are just discussing legalities it is unlikely to be of any help to you.

What was your reason for resigning?

Takeaway_Addict

billybraggtastic wrote: »

What about having an e-mail in my possession from my HR Dept to my Managing Director theorising how I may be removed from my post with no procedure or action currently being pursued?

How long have you worked there?

And what you have said alone is unlikely IMO to constitute constructive dismissal as you haven't exhausted the internal grievance procedures.

sleepless_saver

http://www.personneltoday.com/articles/14/10/2013/30921/the-qualification-for-a-constructive-dismissal-claim.htm

billybraggtastic

Thanks for the responses. I'm only trying to establish my options at the moment. I only confirmed my suspicions in the last few days.

To answer some of the questions above:
1. The e-mail would suggest that they can take a course of action which would remove me from my post. In my eyes this is a predetermined outcome which would render the grievance procedure fruitless.
2. Length of service more than 1yr less than 2
3.I have not resigned yet but consider that I have been undermined - there are people within the organisation that I manage and who are aware of the senior management's plan. One individual stands to gain from my removal.

thanks for your comments
bbt

Takeaway_Addict

billybraggtastic wrote: »

Thanks for the responses. I'm only trying to establish my options at the moment. I only confirmed my suspicions in the last few days.

To answer some of the questions above:
1. The e-mail would suggest that they can take a course of action which would remove me from my post. In my eyes this is a predetermined outcome which would render the grievance procedure fruitless.
2. Length of service more than 1yr less than 2
3.I have not resigned yet but consider that I have been undermined - there are people within the organisation that I manage and who are aware of the senior management's plan. One individual stands to gain from my removal.

thanks for your comments
bbt

If you started before Apr 5th 2012 then you only need one years service to gain protection against unfair dismissal but if after then you require 2 and any thoughts of constructive dismissal I believe would be non existent as you can be dismissed for pretty much anything except standing up for statutory rights in the eyes of the law or discrimination laws such as gender, sex, race etc.

If you can it sounds like you need to start moving on really, not worth the stress or hassle.

janiebquick

I don't think you have any case for constructive dismissal. However, if you are dismissed, you do have some evidence for wrongful dismissal (or whatever they call it these days).

billybraggtastic

I'm thoroughly confused!

Along with other senior personnel received a letter to attend individual meetings with my managing director where the future of the business would be discussed. The letter warned that there was the possibility of redundancies.

Following said meeting, a further letter notifying all of us that our comments would be evaluated and our fates would be confirmed at a further individual meeting. Redundacy was a possible outcome.

I attended this meeting and was advised that my employment was to be terminated at the expiry of my notice period.

I need to check my contract but I thought my employment started prior to 05/04/11. Why would there be talk of redundacy and then a switch to termination?

spacey2012

If they think you will walk and try constructive dismissal, they will gladly see you go along that route.
Saves them a shed load of redundancy and I think the success rate is around 2% in proving it.
You are far better off waiting for them to make good on the threat.
They obviously have you marked down as a knee jerker .