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constructive dismissal

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  • constructive dismissal

    My Wife was working for the same firm for around 18 years, she achieved a position of assistant manager.

    A new manager was introduced to the store, and it became evident within days that the new manager had plans that did not include my wife.

    Over the ensuing period of around 4 months, my wife was put into a situation where she was given an option to accept demotion to a non managerial role or face a disciplinary, this was over an instance of not personally reporting in sick, for which she was in attendance at hospital with a family member. She was also challenged over all her tasks during the period, basically demeaning her ability to perform her role.

    On my advice she took copious notes including dates/times on all aspects of the new managers actions.

    She very reluctantly sought alternative employment, due to the extreme stress that she was experiencing and subsequently tendered her resignation.

    Due to lack of financial resources we have been unable to progress in a legal capacity, however I feel particularly aggrieved that this individual has in my opinion "got away" with constructive dismissal. I believe my Wife has resisted pursuing further also as she feels she has had enough stress and her health has already suffered irrespective of any additional stress that my be forthcoming if we progress legal action, particularly as we are not sufficiently financially stable.

    We are also aware that a number of staff have left or moved to an alternative store since the new manager introduction, however we cannot comment on their personal situation.



    How should we proceed.

  • #2
    Re: constructive dismissal

    Did she follow the grievance procedure; ie lodge a grievance?
    Did she report it to the company before she left?
    If the answer to the above is no; we'll nigh impossible to go to an Employment Tribunal and win. You have to pay yourself as well unless you're in a TU.

    Comment


    • #3
      Re: constructive dismissal

      No unfortunately she didn't lodge a grievance for two reasons:

      It was evident that the Area Manager was supporting the new manager.

      My Wife was told by another Senior Manager that she would receive an interview prior to leaving, this would be an opportunity to discuss the situation. This did not happen.

      Comment


      • #4
        Re: constructive dismissal

        It is possible to submit an ET claim for constructive dismissal, however, the average success rate for such claims is ust 3%! :sad:

        A friend of mine did just that, he resigned and submitted a claim, and was offered a small commercial settlement and an agreed reference, which he accepted. Having said that, this was before you had to pay to submit an ET claim. It's not easy to anticipate what a particular business would do but it may be worth a try, bearing in mind the costs involved. https://www.gov.uk/government/upload...1/t435-eng.pdf

        Note that constructive dismissal usually relates to a serious breach of contract on the employer's part: http://www.nidirect.gov.uk/constructive-dismissal

        ^^^Although the above site refers to NI, the criteria is the same. You may also want to look here: http://www.nidirect.gov.uk/constructive-dismissal

        Comment


        • #5
          Re: constructive dismissal

          Thanks for the information, it has given me an insight into what should have been done, and also something to consider.

          Comment

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