Case for constructive dismissal??

Chef17

Hi

ive already quit my job as sick off what they were doing to me

My contract was as a chef but was more than this and was an integral part of the day to day management and operation of the place, its run by a board, a operations manager was in place but i was part of the process in their recruitment

When i took on role as chef the menu was mininal the takings were poor and no real reputation. Over the two years in my role i have significantly improved the menu, won them awards, improved takings 6-8 fold on busy days but on average 6 fold

I have had an impecable sickness record ive worked through sickness not to let them down ive carried the place when other members of staff gone off sick and done way above my contracted hrs

Over the last 4 months ive gradually felt like im being forced out, i no longer became involved in meetings on daily management and processes, my opinion was no longer sort and my role significantly changed without discussion

I along with another chef was creating and producing pies that won awards (my idea to enter them awards) many of the pies were my ideas, after a board meeting a few months ago i was no longer involved in making pies as this was now the role of other chef as he looked after pies and the wholesale of them while i looked after the running of the cafe business and set with developing menu and increasing custom. Now while this makes sense i was not happy with it, there was no discussion with me and id put a hell of a lot of work into the pies just to be fobbed of like that

Anyway i carried on in role and focused on developing cafe, ive produced some great dishes over last few weeks to great customer satisfaction and have had people comment that they come from a far cos they no food is good. Despite this the effort i put into this was not appreciated and was told not to do daily specials on friday last week as they had no impact on business to which i hugely refute. That was final straw for me, if i was no longer on the pies or doing specials what was my role? Its as if they have slowly squeezed what i do to force me out as me and other chef are highest on wage bill. They have taken on another young chef who they dont pay wage for as their post is funded and to me it feels like they think they can get by with them

Meeting on friday was due to shop making a loss of 1500 in month of september (just so happens to be roughly my wage) they put this down to cost of sales and said wanted a basic menu. The cost of my specials had no negative impact on cost of sales if anytging it reduced them as these were sold at higher prices to regular menu items and had great margins and brought people in. It certainly doesnt account for the 1500 loss. I more so than anyone no how tight our finances were and why ive worked my balls off for the place and developed it as much as i have so it can survive. It was pointed out in meeting that july was our best month figure wise, cost of sales were low and average takings highest been, this was highlighted i believe to make me look !!!! as this month i happened to be off on paternity. This month was busy as there was huge footfall in the area and significant building work going on in area meaning lots of builders custom yet it felt it was used to make a point about further demoting my role. I had become an integral part of the development and success of the place now demoted to solely flipping bacon, my skills and knowledge are better than that and why on friday i said enough was enough

I sent my resignation letter to board highlighting all this i thought this might of been discussed but it was accepted by chair without discussion further highlighting my feelings that they have wanted this, my contract states im to give a months notice, i certainly didnt wanna work this but they didnt even ask me to and ive left with immediate effect

I dont wanna be bitter over it all as thats not me but ive put so much into my role and developing place to what it is today and there was a total lack of respect for what ive done for place from two senior board members. Others have expresses how sad they are that it has come to this. I myself im gutted as it was a place i loved working but could no longer do due to way i felt i was being treated and impact it was having on me.

Bit long winded sorry, i know its hard to prove but just feel after all i have done there i deserve better than this

Thanks

Comms69

I don't think you have a case at any rate.


But you didn't follow internal grievance process, which is mandatory for a constructive dismissal claim.


You chose to leave because you didn't like the job, that doesn't entitle you to compensation.

steampowered

Hi

Unfortunately you do not have a legal case for constructive dismissal. Constructive dismissal requires the employer to have breached your employment contract in a very fundamental way. Nothing you have described would meet the legal requirements.

I think you just have to move on to an employer that hopefully values you more.

Try not to be bitter about it. I'm sure that none of this is personal. When businesses are losing money the owners will want to cut costs any way they can, and sometimes people can be short sighted in doing that.

There is a question mark in my mind as to whether you have agreed with the employer to terminate your employment immediately (in which case there would be no payment for your notice period) or whether you have been sent on gardening leave (in which case you should be paid a month's notice). It sounds like the former. If you want to be paid for the notice period you should clarify this with the employer and make it clear that you are available to work your notice if required.

ReadingTim

It's never nice to find out the hard way that your employer doesn't rate you as highly as you rate yourself, but that doesn't mean you're entitled to any compo.

Sorry this ain't what you wanna read.

On the plus side, sounds like you've got all the skills, experience, and time on your hands to open up on your own instead of working for someone else. So don't get mad, get even.

shortcrust

So you quit your job because they hurt your feelings? And you have a new baby?

IAmWales

I sent my resignation letter to board highlighting all this i thought this might of been discussed but it was accepted by chair without discussion further highlighting my feelings that they have wanted this, my contract states im to give a months notice, i certainly didnt wanna work this but they didnt even ask me to and ive left with immediate effect

A letter of resignation is exactly that, not a suggestion that you/ they have a chat.

Is it you that has decided to leave with no notice? If so I'd expect any future reference to reflect that.

Do you have a job to go to? Any benefit claim will be sanctioned for making yourself unemployed.

You've completely shot yourself in the foot here. Next time take advice before making rash decisions.

Chef17

Left because im not being treated like a **** and have a bit of pride bout myself

After all i put into the place id deserved better, if you had the slighest idea of all i done for place then ud understand my feelings exactly so turn it in with ur snide comments

Didnt think haf a case and was just seeking clarification but it certainly felt i was forced out

Chef17

Thanks for all replies

Comms69

Chef17 wrote: »

Left because im not being treated like a **** and have a bit of pride bout myself - Good for you. That's sometimes worth more than a pay cheque.

After all i put into the place id deserved better - morally, you probably did. Legally not. , if you had the slighest idea of all i done for place then ud understand my feelings - I think most people are sympathetic, but you asked a specific questions. exactly so turn it in with ur snide comments - literally no-one was being snide.

Didnt think haf a case and was just seeking clarification but it certainly felt i was forced out

Of course, but the point is to check before acting.


Employment law (for the most part) doesn't care about your feelings, sorry.

sangie595

Chef17 wrote: »

Left because im not being treated like a **** and have a bit of pride bout myself

After all i put into the place id deserved better, if you had the slighest idea of all i done for place then ud understand my feelings exactly so turn it in with ur snide comments

Didnt think haf a case and was just seeking clarification but it certainly felt i was forced out

I think you appear to have misunderstood something fairly fundamental in the employment relationship. Your complaint is that they told you what to do. That is what employers do - they give you instructions. It isn't a democracy. If you wish to call the shots, then you must open your own restaurant / caf! and then you can take the risks. You have come across here as seeing your feelings hurt simply because people disagreed with you. Life is disappointing - people don't always agree with you. If the way you have acted here is symptomatic of the way you reacted with your employers, it is not entirely surprising that they ceased discussing things with you. Temper tantrums and hurt feelings because you can't have your own way are seldom conducive to business.

Chef17

Place of work was a cooperative no one was calling shoys we all pulled together and i had s hell of alot of input which i was then squeezed out of and no longer involved in day to dsy process meetings etc etc

I never left a job i loved solely on feelings being hurt

Appreciate replies il leave it at that now thanks