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Constructive Dismissal

Darren1981
Posts: 9 Forumite
No longer applicable
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nothing else matters except your length of service and your employers can dismiss you for any reason ( other than discrimination on the grounds of a protected characteristic such as gender/ race etc) at any point up to 2 years of service - so at 20 months they can dismiss you with no come backs on them.
They don't NEED to offer you any constructive support or action plans - if they want you out at any point in the next 4 months they can sack you.0 -
I agree. You have no real employment rights, and nothing that covers this situation. So you can resign, you can face performance management, or move. Few employers would have given you any choices. If you need the work, then until you can find another employer, you have only one choice here.0
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What happened to your plan to step down from the role and go part time?0
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Thanks for the input.
As always I try and stay positive, and I am using this as an apportioning to change my career (as mentioned in the last post).
I just wanted to know my legal rights. It wasn't about compensation, it was about principles, but as always the corporation wins! Lol....
Oh well.... Summer off with the kids!
Thanks for the inputs!0 -
If I were your manager I would be seriously concerned that a week's absence could cause so marked a deterioration in standards. Sorry but to me that says you are not up to the job. A good well led team works to the same standards whether or not the boss is around.
I don't think the suggested move is unreasonable.0 -
I didn't realise this was the same poster as the teacher training query. It seems that this isn't really a problem then, is it? Simply ask for the step down to colleague now instead of later. It seems everyone would be happy with that!0
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Thanks bouicca,
After 12 years as a store manager I appreciate your lack of knowledge regarding the company I work for, the actual situation, and the circumstances!
Lol....
Your not a member of our senior management team are you??
😂😂😂😂😂😂😂0 -
I didn't realise this was the same poster as the teacher training query. It seems that this isn't really a problem then, is it? Simply ask for the step down to colleague now instead of later. It seems everyone would be happy with that!
Apparently he's now secured work elsewhere so is leaving anyway!
Sorry Darren, you need to give the full story in one place for people to help. It now comes across that you're just looking for a pay off for a job you have no intention of staying in anyway.0 -
No payoff wanted, Its more principle.
As soon as I saw the under 24 month comment it was forgotten about.
There's more to life than money.0 -
Alice_Walker wrote: »Apparently he's now secured work elsewhere so is leaving anyway!
Sorry Darren, you need to give the full story in one place for people to help. It now comes across that you're just looking for a pay off for a job you have no intention of staying in anyway.
Indeed and deleting the original post makes the whole thread pointless and a total waste of time for those that tried to help.
For the record......Any advice on the following would be appreciated:
• Worked for current company for 20 months
• Current role - Retail Store Manager
Facts behind concerns
• Visit from senior member of management 24/6/16. Walked the shop floor
• Follow up visit from my line Manager 29/6/16. Discussion was around shop floor standards. Informed that there were 2 options available to me:
1/. Continue in this store - if there wasn't an immidiate improvement then Performance Managenent
2/. Move to a smaller store and take a pay cut
Conversation continued, felt very concerned about job role. Have family, bills etc. Took option 2.
* 2nd visit off Line Manager 4/7/16 - Being moved to a store half the size + half the turnover, forced to take £4K per year pay cut. Conversation continuously stated that this would be "voluntary." My letter of contract change would state "voluntary request."
Informed I would move out of current store from 16/7/16, 1 week pre-booked holiday, start date in new store 25/7/16.
I have now lost all trust/faith in the business, and feel that my employment is untenable.
Background FACTS:
• New store opened November 2015
• New store opened with only 2 experienced managers (myself & deputy). The other 5 managers were new to the business
• consistent issues with one section of management team resulting in 3 supervisors leaving, creating consistent instability in a key area of the management team
• only 1 documented line manager visit since November 2015 - this was completed 3/2/16 - no other visit cards completed before/after
• Constructive and detailed plan of action to move the store forward sent to line manager 1/7/16 with a response from line manager "Sounds like you have given this a great deal of thought Darren putting positive practice in place well done." (Documented)
•No negative feedback given (written or verbal) from current line manager
• current line manager started role late April 2016, first and only visit was 23/5/16. No major concerns of any description given verbally or documented.
• Returned from weeks holiday 12/6/16 to find that the store had heavily overspent on wages, and the shop floor standards had diminished to a point that I had concerns. This was noted in an email to line manager 12/6/16, stating that I would address these issues in the following days. I was unable to do so as subsiquently sales were poor, resulting in lower wages to spend in store.
• I was asked to take part in the regional conference call on 24/6/16 during my line managers absence. I was chosen above 19 other managers for this.
• Documented evidence of fully controlled warehouse 16/5/16 which was sent to line manager
• Consistant evidence of myself having to liaise with head office at the end of 2015/start of 2016 because of issues with sales forecasting, wage %'s and accrued holiday issues - all of which had a detrimental effect on the store and were out of my control.
• Failing only 1 KRA - Shop floor score card - of which there was only 1 that had been completed in a 7 month period (noted above).
What are people's thoughts? I have not signed the reduction in contract, as I have not seen my line manager since 6/6/16, nor have so had any form of communication.
I feel my role is now untenable, I have had a salary reduction enforced upon me (or face performance management) and have been moved to a store taking half the sales.
I was offered no constructive support or action plans.
Thanks
Darren0
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