Constructive dismissal ?

[bitesize]

Hi everyone ,i am hoping someone can advise please,i was signed off sick in march of this year with severe depression & anxiety, i was off for around 11 weeks and given strong medication to take which caused extreme drowsiness ,
before returning to work i was instructed to attend a Drs appointment arranged by O.H.S ,
the Dr recommended due to the nature of my job (a motor mechanic) i return on admin duties for my safety and that of others ,on my return to work i was told no chance as too much work to do so return to regular duties ,which i did for several weeks but i was reminded daily im being monitored and need to be more efficient or with me having sick leave they may use it to sack me ,
the pressure and worry of making a mistake and causing injury led me to having a breakdown

I was then signed off mid July and referred to a mental health specialist team by my gp ,getting treatment is a waiting game and not being fixed and still on sedatives i didnt feel safe going back to work and the Dr has been signing me off while i await my appointment .
Ive had home visits and calls from my manager saying how busy they are and short staffed then received a text from a colleague reporting it had been mentioned in the canteen if i dont return asap i wont have a job ,I have since received a letter from my managers manager basically saying if i dont go back pronto he will have no choice but to fill my position and wants to meet with me to discuss it ,but from my last return its evident they want me out of the door ,and as i suspected last time are trying to force me to resign,

my question is does this class as constructive dismissal if i was to resign ?
should my manager of enforced what the occupational health Dr recommended reference admin duties ? especially with the safety risk involved

[ULA]

How long have you been employed by your company?

In regard to your questions:

Your manager/company is not obliged to take on the advice of occupational health (OH)/GP although they do have a duty of care to you as an employee. Therefore if there is perceived to be a safety risk to you/others by these specialists in returning to your job following a period of illness and alternative duties are advised as a consequence, then in order to ensure they fulfil their duty of care responsibility, they should give serious consideration to the advice.


Constructive dismissal is where you believe and can prove your employer has committed a serious breach of contract, entitling you to resign in response to the conduct. A lot of people think resigning and claiming constructive dismissal is a good option for dealing with problems at work. But resigning is a big step and you might be able to solve your problem without resigning.

Also, it is in fact difficult to prove constructive dismissal - not many claims win. First, you must prove a fundamental (rather than minor) breach of contract by the employer. You must also show that your decision to terminate your employment was in response to the breach and not, for example, because you had been offered a more attractive job. An employment tribunal will also need to satisfy itself that you did not delay too long in resigning. In addition, the tribunal will usually expect that you have tried to resolve the complaint through the grievance procedure before resigning.

So firstly you would need to try and deal with the issue internally. Given your current situation is your GP deferring until such time as you have had your specialist appointment to make any assessment about your ability to return to work and in what capacity?