Constructive dismissal

[chippyb]

Hi,

I was converted from being a contractor to a permanent full time position with my employer three months ago.

Prior to then a new employee was brought in on the project i'm working on who was subsequently promoted to a position senior to myself although I'm not reporting to them.

I have evidence that this person is activley seeking a replacement for me, possibly without the backing of my employer. This was evident today when, alongside this person, I actually interviewed a candidate who was applying for my position. I didnt know this until the interview started.

I realise i can't actually claim constructive dismissal but do I have any grounds on which I can take action against my employer if i can't agree on a resolution, which could include an internal tranfer.

Thanks in advance

[ULA]

I think firstly you need to be speaking to a senior manager or HR about the situation to try and find out what is happening and if there is an issue how it can be resolved. One way may be as you suggest through an internal transfer.

In regard to constructive dismissal this is where an employer has committed a serious breach of contract, entitling the employee to resign in response to the employer’s conduct. With less than 2 years serivce your case would need to fall within one of the few exceptions where no minimum service is required, for example, where it relates to discrimination.