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Constructive dismissal case or no?
Comments
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theronstar wrote: »I agree with the others that you will likely have to accept the situation and move on.
Generally speaking, are you aware of ACAS?
1) Constructive dismissal is when you feel forced out of your job. E.g. You allege that you have been constructively dismissed and resign very quickly.
If you remain in your role, continuing to perform your duties after your employers alleged breach, it becomes more difficult to say that you were constructively dismissed.
2) Unfair dismissal would be claimed in relation to redundancy terms an employee found unreasonable.
3) I am wondering if your employer could get in trouble with the tax authorities for your redundancy payment. The firm still needs your 'role' so it is arguable that your role is not actually redundant.
4) Have you read your job contract carefully?
Your employer does not have to offer you any compensation for the relocation but your contract may address the relocation scenario in express terms.
I would be curious as to what it says - if it says anything. In the event that it did, then you can hold your employer to those terms.
The role includes location and that no longer exists, the employee is potentially redundant unless a suitable alternative is found.
The role on offer at the new location was not a suitable alternative(the employee rejected it and employer agreed) so they are redundant.0 -
As mentioned above, my role was offered, though they keep changing how it's worded in conversation but essentially I could make the relocation but on same salary. They are infact having to replace the entire office. Most people redundancy payment will be fairly large. I would have been happy to move but on the salary it would have been living on bare minimum.
Again thanks for the replies. As for handover of course I'll do the necessary, I'm not a petulant child when it comes to this. Just left a very bad taste in my mouth especially as I wrote the book on how this role works in the office.0
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