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Constructive Dismissal?

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  • Constructive Dismissal?

    Hi All! I really need some help with my case. I ve been working for the same company for 10 years.

    In February 2021 I returned to work after 6 months of sickness ( accident at work, back injury)
    Before my return I had an Occupational Health meeting who proposed a phased return which included reduced hours and shift.
    On the first day my line manager changed the Health Occupational advice and increase my working hours. Also, he started to ignore me and stop speaking to myself which was noticed by my colleagues. I felt bad and upset because after such a long period off work it was difficult for me to fit in my team, my confidence was very low and I was simply afraid of reoccurring a back injury again.
    When the phased return was completed and I went back on my normal shift pattern I was given a new task which required leaning over the conveyor belt and stand the bottles. My manager wanted me to do it for 12 hours even though other people was changing each other every 1 hour. The job itself was never my responsibility but a warehouse op and my understanding was that this is urgent job and i will be doing that only temporarily. My normal position is Technician Operator.
    After 6 hours I could not carry on and went home. The next day, I rang my manager before my shift and asked for different job because of my bad back. The manager assured me that there will be sth else for me to do. When I arrived he sent me to the same job, I was doing day before. When I questioned it he said ,,There was no more job for me on machines in your department'' and if I could not do this job then I am unfit for work''
    I felt really upset and confused because of the lack of support and nobody ever told me that I will not be back to my old job.
    I felt down and useless. My doctor sign me off work with depression. I spoke to my manager on that day and sent a fit note. They referred my to Occupation Health Advisor on the second day of my absence (I rescheduled it for week after as I felt it was too soon) In the first week of my absence they called my mobile twice, which I did not answer and sent 2 threating letters that they would suspend the CSP. I spoke to my GP and psychiatric doctor and I contacted the company advising of my attendance at HO meeting and asking to communicate by email as I was not feeling well enough to speak to them directly.
    Two weeks later they suspended Company Sick Pay and I received no salary. I contacted them in writing and questioned the deduction. They did not pay me again. As you can imagine it did not help my health condition.
    I officially complained about the deduction of salary , they responded that it was suspended because of lack of verbal communication, they said email was not enough.
    During the sickness my manager did not agree any contact plan as The Attendance Policy says instead he just called me when he felt like it.
    Now , they referred me for HO review and they want Advisor to confirm if contact by email with the company was reasonable in my case .
    I am tired now and dont have a will to work for the company that treated me that way.
    My question is Can I leave and claim constructive dismissal on the basis of unauthorized deduction of salary and not getting any support from the company after long term sickness.
    Thank you all for your input.
    Tags: None

  • #2
    Before i respond in any further detail can you confirm how long you have you been employed by the company?
    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.


    You can’t always stop the waves but you can learn to surf.

    You are braver than you believe, smarter than you think and stronger than you seem.



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    Comment


    • #3
      Originally posted by ULA View Post
      Before i respond in any further detail can you confirm how long you have you been employed by the company?
      Hi ULA, nearly 10 years. Thank you for your help.

      Comment


      • #4
        Sorry completely overlooked that you gave me that information at the very start of your first post.

        What does your company sick pay policy state about how long they will continue to pay you for and on what basis, full pay, part pay, full pay for a certain amount of time and then a sliding scale or some other criteria?
        Is company sick pay at managment discretion, particulary if dealing with long term sickness?
        Have you spoken to a senior manager or HR in regard to how you feel you are being treated?

        Resigning and claiming constructive dismissal is a very big step to take. If you took this to an Employment Tribunal (ET) which, by the way is a very stressful process and with the current backlog is unlikely to be settled for 12-18 months, then the onus is on you to proof that the treatment you received from your employer gave you no choice but to resign. Part of that burden of proof will be to show that you tired as hard as you could to resolve this internally first before resigning.
        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.


        You can’t always stop the waves but you can learn to surf.

        You are braver than you believe, smarter than you think and stronger than you seem.



        If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

        Comment


        • #5
          Hi, sorry for your trouble. While an Occ Health recommendation is not legally binding, your employer could find themselves in breach of duty of care /in personal injury claim territory if anything happens to you as a result of their failure to implement it. Repeat your request for a reasonable adjustment by email so you have a data trail. Copy HR and your Union/H and S rep into the email. If they haven't responded in 7 days send a reminder. This should encourage them to either formally agree or refuse your request. If their refusal and the other issues make it genuinely impossible for you to continue in your job, their formal refusal, or lack of a reply, will speak volumes if you need to go the full distance in a constructive dismissal claim. If this is the case you will need specific advice as it is not an easy path to walk but don't let this put you off - being forced out a job is no small matter and should be challenged all the way, especially after 10 years' service. Remember this is YOUR job which I take it you enjoy and are good at having been there 10 years, don't let a belligerent manager force you out when you have put so much in, unless there really is no other option. If you are not in a Union already, join one!

          Comment


          • #6
            Originally posted by ULA View Post
            Sorry completely overlooked that you gave me that information at the very start of your first post.

            What does your company sick pay policy state about how long they will continue to pay you for and on what basis, full pay, part pay, full pay for a certain amount of time and then a sliding scale or some other criteria?
            Is company sick pay at managment discretion, particulary if dealing with long term sickness?
            Have you spoken to a senior manager or HR in regard to how you feel you are being treated?

            Resigning and claiming constructive dismissal is a very big step to take. If you took this to an Employment Tribunal (ET) which, by the way is a very stressful process and with the current backlog is unlikely to be settled for 12-18 months, then the onus is on you to proof that the treatment you received from your employer gave you no choice but to resign. Part of that burden of proof will be to show that you tired as hard as you could to resolve this internally first before resigning.
            Thank you ULA .
            Its not at the management discretion, everyone is entitled for 12 months full pay while off sick. I raised my concerns with HR , they stopped Company sick Pay because of lack of verbal communication. I communicated only by email. I officially complained about not paying my salary and leaving me in difficult financial situation. They said they would deal with the grievance at the Health Review Meeting which I attended. After the meeting they referred me to OH to see if there was a medical reason I could not speak to them during sickness. During the Health Occupational Meeting the advisor read all the question that management asked , like: Did I tell true about my back injury , Why I did not want to speak to the company etc. The Advisor just laughed at it and said she is not going to take a part in any arguments and its up to HR to ask these questions, she could not answer as the questions were not medical.

            Also they have refused to accept my version of notes taken during the Health Review/Grievance meeting and said they will not keep it on file. I thought they have to keep it even if they dont agree?
            .
            Anyway ,they still did not pay outstanding salary for May and June (although they paid me for July), they did not reply to my last email where I requested my salary to be paid and proved that I did communicate by email and I did not breach the Attendance Policy. The Attendance Policy says that they can withhold payment if the employee don't submit fit notes in timely manner. There is a clause about remaining in contact by its not specific with regards to how this contact has to be maintained ( by email or phone) also there is a statement that management should agree a contact plan with the employee , which was not done . (when I went off sick I asked them to contact me by email)
            My question is : Is this enough to claim constructive dismissal? Can they refuse to accept my minutes?

            I do know that taking employer to ET is very stressful , but the thought of me coming back and work for this company seem to be just depressing after they treated me like this.
            I really appreciate your help!
            Thank you

            Comment


            • #7
              Originally posted by KIP1 View Post
              Hi, sorry for your trouble. While an Occ Health recommendation is not legally binding, your employer could find themselves in breach of duty of care /in personal injury claim territory if anything happens to you as a result of their failure to implement it. Repeat your request for a reasonable adjustment by email so you have a data trail. Copy HR and your Union/H and S rep into the email. If they haven't responded in 7 days send a reminder. This should encourage them to either formally agree or refuse your request. If their refusal and the other issues make it genuinely impossible for you to continue in your job, their formal refusal, or lack of a reply, will speak volumes if you need to go the full distance in a constructive dismissal claim. If this is the case you will need specific advice as it is not an easy path to walk but don't let this put you off - being forced out a job is no small matter and should be challenged all the way, especially after 10 years' service. Remember this is YOUR job which I take it you enjoy and are good at having been there 10 years, don't let a belligerent manager force you out when you have put so much in, unless there really is no other option. If you are not in a Union already, join one!
              KIP1 Thank you for your input, really appreciated !
              I am in Union but they are rather useless and Union Reps seem to be bribed by the company. yes I was very good at my job and loved it but at the moment I can not even think about going back and work for them after everything they ve done .

              Comment


              • #8
                Can anyone help please ?

                Comment


                • #9
                  What is the current situation with regard to the company's payment of sick pay?
                  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.


                  You can’t always stop the waves but you can learn to surf.

                  You are braver than you believe, smarter than you think and stronger than you seem.



                  If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

                  Comment

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