Would I have a case for constructive dismissal?

maisie06

Hi all.

My job requires me to carry a qualification and to undertake CPD on an ongoing basis as well as being registered with a governing body, for the last 8 years my employer has paid the registration no issues, until we had a new manager....I have been sent numerous reminders regarding the renewal of my registration that have been ignored by the manager (top boss so no one higher to speak to, no HR either) I cannot carry out my job without the registration and therefore would be made redundant...

My CPD has been difficult to say the least as I have had to self fund, I cannot afford to pay the registration on top of this. Speaking to the manager is impossible as they either won't answer or they have a temper tantrum and shout and swear at me.

Seeing as I would be made redundant through no fault of my own would this constitute constructive dismissal??

sangie595

You wouldn't be made redundant. This would be a dismissal for some other substantial reason (not holding required qualification). Since it would be a dismissal it MAY be unfair in law. However, I am struggling to understand this - if there is nobody higher up, how has the employer previously paid the registration? Is there a contractual term that says the employer must pay the registration? In the end, this is your personal registration, and you are the individual responsible for registering. To be able to make a claim of unfair dismissal, you would have to be able to show that the employer is legally obliged to pay this fee, not just that they may have done so on other occasions.

So it would help if you could provide more detail.

maisie06

My qualification is of benefit to a vital part of employers business and the business have paid it for the last 8 years and I had been encouraged to undertake extra cpd at no cost to myself. Now this person has decided that they no longer want me there despite the fact I bring in extra business for the company and me no longer having the qualification would be the excuse they want to give me the push. I just wondered if there was anything I could do...but looks as though my days are numbered and I have no recourse.

nimbo

My registration fees have been paid by my workllace - and although this is a requirement for me to do the role I know they don't have to. Not all workplaces do - I know I'm one of the lucky ones.

There are rumours they will stop paying the fees soon and indeed there have apparently been these rumours for several years.

If I don't renew my registration then then I would be the one in the wrong. It's in my contract it's my responsibility etc. I would be downgraded and not able to carrr out much of my role at work.

Unless it is clearly stated in your contract I think you may be fighting a loosing battle. Even my workplace will only pay the registration fee for my professions if it is required for the role. Even though it is in our contract they do seem to be planning to see if they can get it past the unions.

I hope you get it sorted. But if it's not in the contract then you may be out of luck.

sangie595

I'm sorry but that doesn't answer my questions. I know this may be distressing but you need to answer the questions. This is a manager - the employer is another entity. If the employer has previously paid for this registration, on what basis have they done so? You see, being objective, your employer had, according to what you have said here, put a lot into your training previously. Now that might well be in their own interests. But equally it had been in yours, and you haven't had to pay for it. Could this be a case of them feeling that they have put enough in to your training, and now it is time you took some responsibility for it? Have you submitted a grievance about being refused payment?

It seems to me that this is something you cannot simply refuse to pay for. It not only puts your job on the line, but how will you obtain other employment if you are not registered? Can you not get a loan to cover this?

maisie06

The registration covers their business as well....why should I foot the bill for that? My own personal registration I can understand, but the premises - NO!! And yet they are training someone else and paying for them?? Hmmmmm seems I have no options but to tell them to stick their job as I will be shafted one way or another.

sangie595

maisie06 wrote: »

The registration covers their business as well....why should I foot the bill for that? My own personal registration I can understand, but the premises - NO!! And yet they are training someone else and paying for them?? Hmmmmm seems I have no options but to tell them to stick their job as I will be shafted one way or another.

Ok, I'm sorry, but if you want only to rant - and not answer the questions - then I really can't help you. If you later feel that you can engage in a dialogue I'll do my best to try to help, but there isn't really anything here for me to work with.

elsien

This seems to have developed into a power struggle between you and your manager, and ended with you digging your heels in and not looking at the wider picture. Unless you are now looking for a reason to get out and think constructive dismissal is it?
I appreciate you feel it is unfair, but if you get sacked for not being registered then you're in a worse position than you are now - no job and with no registration potentially an issue finding a new job.
Climb down off your high horse for a moment and answer Sangie's questions.
Is it possible to have just personal registration?

sangie595

elsien wrote: »

This seems to have developed into a power struggle between you and your manager, and ended with you digging your heels in and not looking at the wider picture. Unless you are now looking for a reason to get out and think constructive dismissal is it?
I appreciate you feel it is unfair, but if you get sacked for not being registered then you're in a worse position than you are now - no job and with no registration potentially an issue finding a new job.
Climb down off your high horse for a moment and answer Sangie's questions.
Is it possible to have just personal registration?

Just to be clear, in case Elsien is correct and this is an "end-game" for a power struggle - you will not be able to claim constructive dismissal (which only applies if you resign anyway - and there are other criteria you wouldn't be able to fulfil). And there are criteria for unfair dismissal too, and unless you do the "right things" now you wouldn't have a chance at that either. It's only a chance, but I can't assess the odds on the information given here. But please don't see this as an "end-game" - a tribunal is something you should avoid at all turns unless you have utterly no other option. It also costs money (and your registration is probably cheaper!). Being out of work is no fun, and one way or another, I really urge you to calm down and act sensibly. In your own interests. Being unable to work in your profession is not a thing you should bring on yourself.

ScorpiondeRooftrouser

maisie06 wrote: »

Speaking to the manager is impossible as they either won't answer or they have a temper tantrum and shout and swear at me.

I think I know how you feel.