Constructive Dismissal help

realitybites

oh_really said:

Savvy_Sue said:

If you don't hear back from your local rep, you can ask for help from the region. I'd definitely ask the rep for a progress report. 

The union doesn't actually appear to have been asked to do anything yet. Information has been provided to the rep, no more.

I am hoping they show initiative and tell me what recourse I have due to the circumstances. They have done so in the past so am relying on guidance from them.

Marcon

realitybites said:

Thanks for the replies. I have outlined my case to my union but have heard nothing back. I am not sure about the depth of cover on my home insurance but will definitely look into it. I had a feeling the odds would be stacked against me but the mental strain is becoming unbearable but at the same time, I will not let them think they have won.

That is a really dangerous attitude to have. It makes it so much more difficult for you to resolve the problems you say you are having, assuming you want to resolve them and keep your job. Increased workload is common to many people and is highly unlikely to come anywhere near the criteria needed for a constructive dismissal claim to hold water. Not being paid for 6 weeks is rather more serious - why haven't you been paid? Are colleagues being paid?

realitybites

Marcon said:

realitybites said:

Thanks for the replies. I have outlined my case to my union but have heard nothing back. I am not sure about the depth of cover on my home insurance but will definitely look into it. I had a feeling the odds would be stacked against me but the mental strain is becoming unbearable but at the same time, I will not let them think they have won.

That is a really dangerous attitude to have. It makes it so much more difficult for you to resolve the problems you say you are having, assuming you want to resolve them and keep your job. Increased workload is common to many people and is highly unlikely to come anywhere near the criteria needed for a constructive dismissal claim to hold water. Not being paid for 6 weeks is rather more serious - why haven't you been paid? Are colleagues being paid?

Not so much an outwardly attitude but more a mantra to keep me going otherwise I would have walked months ago. All colleagues been paid as normal, just a series of feeble excuses as to why my wages were messed up. I cannot go into details for obvious reasons. If I knew I could pursue this retrospectively I would have gone months ago.

Manxman_in_exile

So everybody else has been properly paid, but you haven't received any pay for six weeks and there is no good reason for this?

Not wanting to be critical, but I find that a little difficult to accept.  I can't imagine any normal circumstances where your employer of ten years would not be able to pay salary advances to you and not sort out any payroll problems within six weeks.  And you're in a union and you've told them the "facts" - but you haven't escalated it... after six weeks of not being paid?

I suggest you ask the union for help with what you aren't revealing here.

realitybites

Manxman_in_exile said:

So everybody else has been properly paid, but you haven't received any pay for six weeks and there is no good reason for this?

Not wanting to be critical, but I find that a little difficult to accept.  I can't imagine any normal circumstances where your employer of ten years would not be able to pay salary advances to you and not sort out any payroll problems within six weeks.  And you're in a union and you've told them the "facts" - but you haven't escalated it... after six weeks of not being paid?y

I suggest you ask the union for help with what you aren't revealing here.

No, that is EXACTLY the situation. I had shown management where the discrepancy lied but they appeared to be unable to rectify it, putting it down to software issues. The union were involved after 3 weeks and even they took time in getting it resolved, notice I use the past tense as this was 6 months ago. The immediate problem is the workload that I have been given compared to others. The escalation involves the workload, NOT the wages. As difficult as you may find it to believe, that IS the situation.

steampowered

Escalation of workload is not a  good enough reason for constructive dismissal.

Not being paid is a good reason for constructive dismissal, especially if it is a repeat occurrence or a situation which goes on for a long time.

You should be able to find a law firm with someone specialising in employment litigation who is prepared to speak to you? Many law firms are happy to do an initial free or low cost consultation with someone who may have a case to explore whether there might be a case worth pursuing.

oh_really

Op, as a union member, involving a third party for legal advice will almost certainly close the door on accessing TU legal services if s dispute gets that far.

realitybites

steampowered said:

Escalation of workload is not a  good enough reason for constructive dismissal.

Not being paid is a good reason for constructive dismissal, especially if it is a repeat occurrence or a situation which goes on for a long time.

You should be able to find a law firm with someone specialising in employment litigation who is prepared to speak to you? Many law firms are happy to do an initial free or low cost consultation with someone who may have a case to explore whether there might be a case worth pursuing.

The non payment of wages was a good 6 months or more ago but was closely followed by the increased workload, more an accumulation of negativity. The wages has been resolved, finally, it is more the workload, witnessed by some colleagues, that is the mentally draining aspect. I have asked management why and voiced my concerns but get told everyone is in the same boat, which is untrue. 

realitybites

oh_really said:

Op, as a union member, involving a third party for legal advice will almost certainly close the door on accessing TU legal services if s dispute gets that far.

I know you are right but the union are not intervening. If I say to you office politics are dictating the way things are handled does that give you a better insight as to the situation. I'm really not sure which way to turn

KatrinaWaves

realitybites said:

steampowered said:

Escalation of workload is not a  good enough reason for constructive dismissal.

Not being paid is a good reason for constructive dismissal, especially if it is a repeat occurrence or a situation which goes on for a long time.

You should be able to find a law firm with someone specialising in employment litigation who is prepared to speak to you? Many law firms are happy to do an initial free or low cost consultation with someone who may have a case to explore whether there might be a case worth pursuing.

The non payment of wages was a good 6 months or more ago but was closely followed by the increased workload, more an accumulation of negativity. The wages has been resolved, finally, it is more the workload, witnessed by some colleagues, that is the mentally draining aspect. I have asked management why and voiced my concerns but get told everyone is in the same boat, which is untrue. 

So are you currently paid up to date?

So you have very little to go on.