Could this be constructive dismissal

[ToonExile]

I have worked for the same company for just over 14 years and in my current role for 11 years. During that period the company has grown from around 100 employees to a 1000. As a consequence of this growth over the years my workload and responsibilities have increased. It was becoming clear a couple of years ago that my own workload had become untenable for 1 person. I was constantly behind with my work, found it a real problem when I wanted to go on leave as I had to ensure I worked extra unpaid hours to ensure my desk was clear before I left. This was causing me increasing amounts of stress.

Around 2 years ago I have made it known to my line manager, HR and other senior managers that I was struggling with this workload and had been for sometime. I did this via informal and formal discussions as well as during my annual appraisal with my line manager. I also raised this problem with HR on a number of separate occasions. I was always promised additional support or the introduction of new IT systems which would help to address these problems. However, these have never materialised.

Over the the last few months this workload has started to affect both my physical and mental health. So after a great deal of soul searching and for rage sake of my health I have decided to leave a job I love. I feel that because the company as failed to address my concerns that I now have no other choice. I am unsure whether this would be seen as constructive dismissal if I took the company to a tribunal. Could anyone advise me on where I stand and would it be worth speaking to a solicitor.

[charitynjw]

Hi

I'll give Ula a nudge.

Have you spoken to ACAS?
http://www.acas.org.uk/index.aspx?articleid=1461

[ULA]

Constructive dismissal is where an employer has committed a serious breach of contract, entitling the employee to resign in response to the employer’s 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. I know you have tried to resolve the problems already but have you tried since the situation has started to affect your health and mental wellbeing. Have you spoken to your GP about this and are you currently undergoing any treatment?

Part of what a Tribunal will look for if you did bring a constructive dismissal claim is whether you have tried to resolve the issue through the company's grievance procedure. So if you have not done so, given your current health issues, I would suggest that you may need to consider doing that in the first instance before resigning.

It can be difficult to prove constructive dismissal - not many claims win and the onus will be on you to prove a fundamental (rather than minor) breach of contract by the employer.