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    Has anyone ever gone down the constructive dismissal route?

    I have 10 days until I am issued my notice at work! I have had little to no help and support in finding a new job. Just wondered if anyone had ever decided to pursue a case for constructive dismissal and why and what the out come has been.

    32 Comments

    What is constructive dismissal?

    If you're forced to quit your job because of the way you're treated, it's called constructive dismissal. Although there's no actual dismissal by the employer, the end result is the same as if you'd been sacked. It's often very hard to prove that your employer's behaviour was so bad as to make you leave, so you should get legal advice before leaving your job.

    The reason for leaving your job must be serious - there must be a fundamental breach of your contract. Examples include:

    * a serious breach of your contract (eg not paying you or suddenly demoting you for no reason)
    * forcing you to accept unreasonable changes to your conditions of employment without your agreement (eg suddenly telling you to work in another town, or making you work night shifts when your contract is only for day work)
    * bullying, harassment or violence against you by work colleagues
    * making you work in dangerous conditions

    The employer's breach of contract may be one serious incident or the last in a series of less important incidents that are serious when taken together.

    Hi Bella..
    Constructive dismissal is when you resign, due to unfair treatment..

    Maybe you should be looking at unfair dismissal.

    rockyfella;3693401

    Hi Bella..Constructive dismissal is when you resign, due to unfair … Hi Bella..Constructive dismissal is when you resign, due to unfair treatment..Maybe you should be looking at unfair dismissal.



    ^^^This.

    Banned

    thesaint;3693409

    ^^^This.



    Arrows not needed.

    Reported.

    Supermod

    Are you being made redundant?
    You might not even have a case for constructive or unfair dismissal...

    i dont really understand bella - you quote 'have 10 days until I am issued my notice at work!'

    are you still within your probationery period?

    how do you know you are losing your job?? and why?

    Original Poster

    I had one of these free 20min consultations with a solicitor who said it sounded like I had a case...but unfortunatly I earn too much to get legal aid but at the same time can't afford to pay for one. for the last three months I have been looking for a new job and I am on the redeployment list. Out of all the jobs I have applied for I have had two interviews. Were talking basic jobs here...stuff pretty much anyone could manage to do. My manager is supposed to let people know I'm ellegable for interview! I have been emailing her and asking for a read recept - yet I dont get them. Every single person that works for her has a meeting with her every 2 weeks. yet she works in a different part of the city to me, so I have emailed and spoken to her asking for meeting - yet not had any! All the people that work for her - bar me yet again know what they are having off over christmas because she asked them...but what a supprise I never got asked...I have asked her though and not had an answer. I havent even been added to her email distribution list...yet temps from agencys have!?? Luckily some people are kind enough to tell me whats going on....I had no idea she was going on anual leave the other week...all the other staff knew. I wanted a day off as I had been unwell but with no idea who to report to in her absence just had to work and get on with it. The other thing that upset me was all staff being isued with new ID badges. I asked her to sign a form so that I could have one and was told " they are expensive and you wont be here that long so you dont need one" if ever that was a sign she didnt want me there I dont know what is.

    Original Poster

    holly100;3693456

    i dont really understand bella - you quote 'have 10 days until I am … i dont really understand bella - you quote 'have 10 days until I am issued my notice at work!'are you still within your probationery period?how do you know you are losing your job?? and why?



    I have worked there 9 years....I was put on the redeployment list and told I had 3 mths to find a new job and that she would do all she could to help...... she makes me feel like poo. I cant tell you how many times i have broken down in tears at work due to lack of support. Irronically I work in HR and the HR officers didn't know I was up for re deployment!!! one of them said she would have a "little word" as I think she felt sorry for me when I told her. it's not up to her to offer me support yet I found it was her telling me who to ring and where to go for additional training. this was just last week I am almost out of time. I'm feeling sick with worry.

    Go to your trade union Bella.. They will have the solicitors that will fight your case if they think you have a valid claim. You will get honest answers out of them as they work on a no win basis. They are there for you and it's what you pay your subs for.. You are still in the union aren't you?

    Sorry to hear about your job. It sounds like you may have a case for unfair dismissal as previously posted. My advice to you would be to contact your local CAB who can give you advice on your company's legal requirements and protocols for redundancy.
    Firstly you should have had a consultation with your employers and should be followed up by a letter from them. You are legally entitiled to take time off for interviews etc... Some home insurance policies also have legal protection/ advice on any matter, including redundancies, work laws etc...
    They really are on your side and will tell you the proceedures that need to be followed to the letter. Make sure you record everything, times of conversations, who with, responses, letters etc..
    If any of the required proceedures aren't adhered to, you will have a case that you can take to tribunal. Its easy to do but you do have a time limit so don't hang around.

    Original Poster

    edna_clouds;3693523

    Go to your trade union Bella.. They will have the solicitors that will … Go to your trade union Bella.. They will have the solicitors that will fight your case if they think you have a valid claim. You will get honest answers out of them as they work on a no win basis. They are there for you and it's what you pay your subs for.. You are still in the union aren't you?



    I have been edna...I'm a member of unison but feel thay are failing to help me as much as they could. I had a meeting with them and followed up with a phone call to see if they had done as promised...no one got back to me so i went to the office but got no reply. I'm going to have to try again in the morning.

    Bella is this the NHS ?

    Original Poster

    unseenangelwings;3693536

    Sorry to hear about your job. It sounds like you may have a case for … Sorry to hear about your job. It sounds like you may have a case for unfair dismissal as previously posted. My advice to you would be to contact your local CAB who can give you advice on your company's legal requirements and protocols for redundancy.Firstly you should have had a consultation with your employers and should be followed up by a letter from them. You are legally entitiled to take time off for interviews etc... Some home insurance policies also have legal protection/ advice on any matter, including redundancies, work laws etc... They really are on your side and will tell you the proceedures that need to be followed to the letter. Make sure you record everything, times of conversations, who with, responses, letters etc..If any of the required proceedures aren't adhered to, you will have a case that you can take to tribunal. Its easy to do but you do have a time limit so don't hang around.



    Time off for interviews? I only managed 2 interviews in 3 mths. I was told I could have 30mins first thing in the morning of 30mins last thing at night for departmental visits yet a colleague of mine was able to go at any time of day he liked....I should add that he did threaten constructive
    dismissal. I have been to the CRB who said they could help me as they had no sollicitor. They directed me to the Law firm who told me they couldn't do anything as they didnt deal with stuff like that.

    maybe you should jst apply for xmas temp work jst now so atleast that way you have a job, like even sales assistant or something cos anymoney is better than no money

    dnt really know about the dismissal thing just dont want you to have to struggle by over xmas and its defo better than signing on

    Banned

    Ask Kevin Keegan, he's doing it now

    Keep nagging at the Union people. They have all the training and resources to help you, including legal departments, and you have paid for it.

    Don't be shy you pay these guys wages with your fees.

    bellabonkers;3693538

    I have been edna...I'm a member of unison but feel thay are failing to … I have been edna...I'm a member of unison but feel thay are failing to help me as much as they could. I had a meeting with them and followed up with a phone call to see if they had done as promised...no one got back to me so i went to the office but got no reply. I'm going to have to try again in the morning.



    I'm sorry to read about how you have been treated bella.. Pester your union rep until you can get some answers.. If you have no joy go directly to your regional office. I know you had problems getting any help with them before so it might be a good idea to go a little higher to see if you get a better responce.. Best of luck bud..

    Original Poster

    scotland88;3693571

    maybe you should jst apply for xmas temp work jst now so atleast that way … maybe you should jst apply for xmas temp work jst now so atleast that way you have a job, like even sales assistant or something cos anymoney is better than no money



    I think there seem to be twice as many people going for half as many jobs. I just don't know what to do for the best. I know the woman doesn't like me but surely she has an obligation to help me.

    Original Poster

    edna_clouds;3693590

    I'm sorry to read about how you have been treated bella.. Pester your … I'm sorry to read about how you have been treated bella.. Pester your union rep until you can get some answers.. If you have no joy go directly to your regional office. I know you had problems getting any help with them before so it might be a good idea to go a little higher to see if you get a better responce.. Best of luck bud..



    Edna...I went to the branch secretary and asked for a meeting with him! I turned up to be told he was elsewhere...no one even bothered to inform me I would just have a normal rep. when I tried to make a little bit of a fuss I was told that he trusted her with his life and she knew as much as him.

    Original Poster

    D00nhamer;3693588

    Keep nagging at the Union people. They have all the training and … Keep nagging at the Union people. They have all the training and resources to help you, including legal departments, and you have paid for it. Don't be shy you pay these guys wages with your fees.



    I'm going to get in touch with them again tomorrow. I have a permanent lump in my throat I'm so worried at the moment.

    so you are a union member -

    contact regional office tomorrow and start shouting - you are entitled to representation

    your dues up to date ?

    it does depend on branch secretary - how well they look after members - these days there are a lot of sweet heart agreements - but at end of day as i said before your entitled to someone - if they cant do it local - go to head of region

    As long as they 'offer' you other reasonable positions in the company (i.e not in another branch that is too far away etc...) It's really down to your skills etc to whether you can be offered that post.
    If you apply externally for positions you have a right to attend interviews, job searches and I believe help with CV's etc.. in their time.
    By the sounds of them my love, You'll be better off looking outside of your company.
    Put it all in writing, all your observations, responses, treatment of others... and present it to the highest person that you can (prob not HR in your case!!) and see whether they repremand the person involved.

    Banned

    bellabonkers;3693485

    I had one of these free 20min consultations with a solicitor who said it … I had one of these free 20min consultations with a solicitor who said it sounded like I had a case...but unfortunatly I earn too much to get legal aid but at the same time can't afford to pay for one.



    Bella. Do you have a home insurance policy that has legal help as part of the policy? (Its usually an extra.)

    I used this in 2002 after I got the bullet after refusing relocation. (They obviously didnt use that as the excuse!) I was gonna use one of those solicitor deals that take a chunk of your money until i realised I could use my insurance policy. (And the good part - it doesnt affect your claims in the policy itself.)

    I got my day in court (with a free barrister!), though the employer decided to pay up a 5 figure sum to keep it out of the courtroom.

    Funny thing is - the company I then went to work for got taken over - and I'm now working back for the same company again! Better still, my current desk is about 8 yards from my old one!

    Fingers crossed you have this in your insurance. They only deal with contract issues - which your contract of employment falls under.

    bellabonkers;3693605

    Edna...I went to the branch secretary and asked for a meeting with him! I … Edna...I went to the branch secretary and asked for a meeting with him! I turned up to be told he was elsewhere...no one even bothered to inform me I would just have a normal rep. when I tried to make a little bit of a fuss I was told that he trusted her with his life and she knew as much as him.



    Sounds like you got some bad ones there bella.. Don't give and keep at them until they do give you answers.. You can always tell him you are not happy with the way the union are treating you and ask for another rep.. Perhaps that will make him think that maybe you are serious and that you are not going anywhere.. You do have a right to ask to be represented by another official if you ask..

    Original Poster

    should I perhaps go with one of these no win no fee solicitor types? Should I wait until i am issued my notice? ( due on 19th) or should I do it now? I have never not worked or supported myself and i'm worried.

    Bella sorry to hear about your troubles.

    From what you have said, sounds as there might be a degree of intimidation and inequity too.

    You really do need to BITE THE BUM of the union dept, camp out in the office until you get seen, easier said than done I know but they have to help you out here. I am not sure what can be done to save your job but it is the Union who should help you prove you have been treated unfairly. Good luck and I hope the union relieves some of your burden

    Hmm I remember 6 years ago was working in a holiday park and the boss just got divorced and was bitter and angry towards men, the only male member of staff she liked was a camp bitchy guy, in the summer she gave the female staff longer breaks, ice creams and if there was no work to do and sent us home early the men had to make up their hours and the females hours on the days off, she constantly said how men are scum, thieves liars cheats etc and made mine and the other male staff's lives a misery, I had 3 written warnings in a month(so therefore quit or be fired) because when she told me men are born lazy and no good at household chores Ijokingly said back "thats right its not a mans job" as I was angry and she sent me home and told all the female staff I was sexist so I fell out with the female staff, another time when she had me clean the room and told me I was too slow and to start on the other side, so I did then she told me off for leaving brushed up dirt/rubbish on the other side so I couldnt win and I tried saying this and was accused of talking bacl.

    So I left but had zero income for 6 months as the jobcentre said I left work of my own free will plus the place where I worked said I was offered loads of overtime(never worked a single minute overtime, or at least paid) that I had been causing trouble(I hadnt) and loads of excuses, and when I told the jobcentre they said they believed the employer since why would an employer lie and I just wanted money!

    Could/should I of claimed that.

    bellabonkers;3694168

    should I perhaps go with one of these no win no fee solicitor types? … should I perhaps go with one of these no win no fee solicitor types? Should I wait until i am issued my notice? ( due on 19th) or should I do it now? I have never not worked or supported myself and i'm worried.


    it depends on which way you want to go really Bella, but whatever way, be prepared for a fight.
    Don't make a decision now as you're very raw and worried at the moment so not really thinking with a clear mind. As I've said before, record everything in a small diary so that if it does go pear shaped or you're still not satisfied with your union, you have all the evidence you need for a case. I wouldn't go with one of those no win solicitors just yet, you don't really have enough evidence (times, dates, conversations, witnesses) but seriously, if you don't get any joy from the union, just pop in to Citizens Advice.
    Channel all that worry into fighting back, you've got nothing to lose! And in the meantime, look elsewhere and have confidence. You'll be suprised how much difference a positive attitude makes.
    Wait for your notice and stand up for yourself, you'll be suprised how refreshing it is lol

    Banned

    i dont think we are getting the full picture here i imagine there are reasons why you are in this position.

    time to move forward and evaluate your attitude/work ethics

    Bella its great to see you back, I think it has already been mentioned but its worth reminding you that if you ave legal cover with your household insurance it will cover your legal costs, also contact the main office of your union they can bypass your rep and organise a meeting with the union solicitor directly for you. My OH had to go via head office to get the union to help him and they organised a meeting nextday with their solicitor. I hope you get sorted soon.:friends:

    If you took legal cover with your home insurance they may be able to offer some free advice.

    casparwhite;3694578

    i dont think we are getting the full picture here i imagine there are … i dont think we are getting the full picture here i imagine there are reasons why you are in this position.time to move forward and evaluate your attitude/work ethics



    You could take a leaf out of your own book and evaluate your assumption ethics!
    Sorry to hear of your plight Bella, you really need to hammer it home with the union guys!
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