Advice on Constructive Dismissal

Tahlullah

To successfully claim constructive dismissal, there has to be a fundamental breach of trust and confidence. PLUS, the breach must be such that it makes it impossible to remain in the employment of the company.

So, if you are thinking about constructive dismissal, you need to walk immediately, you cannot negitiate, question etc. If you do, the tribunal will deem that the breach was not that serious to you and your claim will fail.

Agree with spacey2012. You are better off waiting for them to take you down the redundancy route, and the emails can then be used to show that a fair procedure for selection was not used.

Tahlullah

Sorry, just noticed post no 10. It makes no sense. Your statutory redundancy package would not be very big, as there is a maximum salary used to calculate payment, considering the number of years worked., but this is not payable until you have worked for 2 years.

But, it is still a saving to terminate without the redundancy pay. You could fire a shot across the bows by asking them about the consultation process, the selection criteria, the pool, the matrix used... all these show that you have some knowledge of the redundancy process and therefore, an entitlement to a letter of redundancy, rather than termination for any other reason.

The best you would get is a payment for failure to follow procedure, so may be worth it. Not a huge payout, but something. But would need to check if it is free to take a case to the employment tribunal or if you have to pay due to recent changes to prevent frivolous and vexatious claims being made against employers.

uknick

Raising a case at ET does incur fees now.

For an unfair dismissal claim the claimant's application fee is £250.

There is then another fee of £950 if it proceeds to a hearing.

One hopes these would be reimbursed from the other side if the claimant wins their case.

But, that is at the tribunal's discretion.

billybraggtastic

spacey2012 wrote: »

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 .

If you refer to my original post you might notice the question mark. Thankfully others chose to offer direction so that I may make an informed decision - my knee certainly did not nor was it likely to jerk!

Anyway time to move on. New job on the horizon!