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Constructive Dismissal claim

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  • Constructive Dismissal claim

    Hi Everyone - really appreciate any help and guidance with this case. My husband has worked for his company for 12 years and it was sold to a larger group 4 years ago and the existing owners left last year. The new MD has shaken things up as you would expect but his behaviour and actions just demonstrate what a poor manager he is. Not a crime clearly. My husband was told by him he was a Manager by name only and not a very good one at that and he was no longer a member of the management team. He also stated he could evidence this which he has not done. All Appraisals demonstrate excellent performance. A grievance was raised and response delayed due to Covid19. The mD has not spoken to my husband since the 17th March so 3.5 months. For the following reasons could someone advise if they think he has a case for CD. The following is a brief outline.
    1. Failure to address my grievance
      I have raised a grievance that has not been addressed. Since raising the grievance outlined in the attached letters, Mr MD asked me on the 17th March to postpone the meeting scheduled for 20th March due to Covid 19. He has not spoken to me since
    2. I did not receive the support to do my job
      The Managing Director has made an allegation of my ability to carry out my job but has not backed this up with any further information and not provided any support or development plan. Through his actions I have been bullied by his failure to communicate with me making my role within the company untenable as I feel he has in effect demoted me.
    3. I have been bullied by Mr MD's
      My mental health, stress and anxiety has been difficult to cope with as a result of Mr MDs actions. Mr MDs has not only excluded me from company wide communication but has also thanked all members of a team involved in a project in writing except me. He has not made any attempt to speak to me since 17th March so for 3 months his silence has left me feeling isolated and confused. We also had a stock take which falls under my responsibility but he excluded me from all planning of this event and although I communicated with the Auditor he chastised me for doing so.
    4. He didn't make my working environment safe
      He was unable to support me and my family circumstances at the point of Covid19 lockdown in ensuring social distancing and clean safe working environment. He claimed on social media and company wide communication of his success at applying these standards across the workplace but shared a picture showing people stood next to each other and despite telling everyone that we would continue to be paid, once I returned to work he forced me to take holiday which was not consistently applied to other members of the company who were not required to take holiday.
    5. Took away Benefits
      I did not immediately return to work at the point of the national lockdown and despite being told by Mr MD that all members of staff would be paid and reassurance that our Bradford Factor would be unaffected I was informed I would be paid SSP for the period taken immediately after lockdown - see attached email dated 31/3/2020 despite my contract stating that I am entitled to full Company sick pay which is 100% of my salary.
    Tags: None

  • #2
    Are the 5 points that are detailed part of any grievance that your husband has raised? I am unclear as to number 5 was your husband off sick when the lockdown came into effect "I did not immediately return to work at the point of the national lockdown".
    Is your husband still off sick?

    Has the business carried on working as normal since March or have staff been furloughed?
    Is your husband still employed or has he left?

    Sorry to ask more questions but unfortunately constructive dismissal is a very difficult claim to make as the onus would be on your husband to prove that he had no alternative but to resign. For me given the information you have provided it would seem that he has not done enough to try and resolve the matter which is something a tribunal would be looking for if a CD claim was to be pursued.

    However a response to the questions may help and I can provide some further thoughts on the situation.
    If you would like a one-to-one expert consultation with me on your employment issue than I can be contacted by emailing admin@legalbeaglesgroup.com

    I do not provide advice by PM although I may on occasion ask you to send me documents this way but any related advice will be provided back on your thread.

    I do my best to provide good practical advice, however I do so without liability.
    If you have any doubts then do please seek professional legal advice.


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