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Grounds for constructive dismissal

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Comments

  • steampowered
    steampowered Posts: 6,176 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Sorry to hear about the issues. It sounds like it might be a good idea to start searching for another job. You can have an open conversation with your manager too.
    If I left would I be able to claim constructive dismissal
    Extremely unlikely I'm afraid. Constructive dismissal is extremely difficult to prove at the Employment Tribunal - it requires the employer to do something extremely serious, I don't think you've quite reached that stage.
    could I ask them to make me redundant given that my job has disappeared.
    You can ask, but it is unlikely they would make a single role redundant. There is quite a process for the employer to go through before making a redundancy.
  • FBaby
    FBaby Posts: 18,374 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    If you want any chance to take things the legal route, you will need to show a lot more effort to try to resolve the matter without taking that extreme route.

    For a start, you'll need to raise a grievance. Without this steps, your chances are very low as it comes down at nothing more than her word against yours. You need to start to read your LA policies relating to this matter.
  • sammyjammy
    sammyjammy Posts: 8,164 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    I would suggest you also log all the things that have happened and continue to do so on an ongoing basis, in a non-emotive factual way.

    You need to have a formal face to face meeting with her, with a write up following the meeting and then follow the grievance process.
    "You've been reading SOS when it's just your clock reading 5:05 "
  • ohreally
    ohreally Posts: 7,525 Forumite
    1,000 Posts Combo Breaker
    I am in a union, but they are inclined to be invisible when there is an issue and don't stand up to management.

    What have you asked them to do that they haven't done?
    Don’t be a can’t, be a can.
  • jonnygee2
    jonnygee2 Posts: 2,086 Forumite
    1,000 Posts Second Anniversary Name Dropper Combo Breaker
    The thought of going back is leaving me stressed and anxious, I'm normally an upbeat person but I can't face going back there any more.

    It's a really terrible situation, I'm really sorry to hear this is happening.

    I'd consider some techniques to manage your stress and anxiety. Although there are clear external triggers, it can still be internally controlled and managed. Try https://www.mind.org.uk/information-support/types-of-mental-health-problems/anxiety-and-panic-attacks/self-care-for-anxiety/#.Wwh6FlMvyL8 or talk to a councillor.

    A combination of this, and talking things through with your manager, might actually solve the situation. I'd make a list of actual things that have happened, and then say to your manager 'this is what's happened (factual events only, avoid exaggerations) and this is how it's made me feel'. Ie, don't say 'you moved me to a tiny dark desk in a corridor', just say something like 'You moved me to a new desk. The desk is smaller than other peoples and is far away from the team. This makes me feel less valued and isolated from my colleagues'.

    If this doesn't work, you can start more formal processes, but these are very likely to be unsuccessful if you go into the informal processes without seriously hoping for, and working towards, a resolution.
  • scd3scd4
    scd3scd4 Posts: 1,180 Forumite
    1,000 Posts Third Anniversary
    I am in a union, but they are inclined to be invisible when there is an issue and don't stand up to management.
    I sent her an e mail stating that was unhappy at losing all my responsibilities and having my role eroded and she replied saying she wasn't doing that and that we need to work together and communication is the key. The she shuts me out and doesn't tell me anything.


    That's not my experience after 28 years a member.
  • Our union really is invisible. I contacted them for advice before I was off sick. It took three weeks and about 4 phone calls before the rep who works for the same LA as me to make contact. Then I had a meeting with the manager and asked him if we could meet to discuss the next step. He said he would contact me but despite chasing him up I'm still waiting. This was also the experience of other colleagues who have tried to get advice from the union about change of working conditions.
  • scd3scd4
    scd3scd4 Posts: 1,180 Forumite
    1,000 Posts Third Anniversary
    Our union really is invisible. I contacted them for advice before I was off sick. It took three weeks and about 4 phone calls before the rep who works for the same LA as me to make contact. Then I had a meeting with the manager and asked him if we could meet to discuss the next step. He said he would contact me but despite chasing him up I'm still waiting. This was also the experience of other colleagues who have tried to get advice from the union about change of working conditions.


    Then I am afraid you have to do what you do in any other situation you escalate it to he's boss and go over he's head. I have always worked for companies that have on site reps so the situation is a little different.
  • naughtyjo
    naughtyjo Posts: 96 Forumite
    If you have little faith in local reps contact the union hq and demand to see a full time officer.
  • pandora205
    pandora205 Posts: 2,939 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    When you say you work for an LA do you mean a Local Authority, as this doesn't sound like it? In my experience, appraisals are part of the corporate protocols and tracked across all employees with prompts to complete on time, etc. You would also be entitled to a display screen assessment to check your working environment.
    somewhere between Heaven and Woolworth's
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