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Constructive Dismissal Resignation

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  • Constructive Dismissal Resignation

    Just some background.
    i joined a company in Jan 2020 working in IT.
    In my interview it was inimated that working from home was coming. This was a big selling point for me.
    A few months in, Covid hits and we are working from home. New laptops, 2 monitors and a webcam for meetings.
    We worked for over 2 years successfully this way, with the company making record profits.
    Post covid we are asked to come into the office 1 day a week. People are unhappy. Top management reitterate that’s the end of any further discussion, it’s one day a week in the office.
    Fast foward 6 months. We are now told we need to be in the office 2 days a week.
    For info, my daily commute is now 1.75 hours each way. Previously it was just over an hour.
    Anyway, i applied to request flexible working so that i could
    work from home again.
    The current office environment has changed. It’s noisy and people are effectively working from home in the office. Google meets surround you.
    I have suffered with depression before and referred to this in my application.
    My application was rejected on 2 reasons - quality of work and performance issues.
    I appealed and asked for evidence of this. My appeal was rejected saying it was not my personal quality or performance! They restated the company policy and ignored any issues i have with depression.
    I have ACAS going through a conciliation exercise at the moment.
    I’ve just been off work with a bad cold and throat and couldn’t face going back in to the office as my head was spinning.
    I made an appt with the docs to talk about my depression.
    He was very understanding and couldn’t understand why, in my line of work, the company would not allow working from home.
    He issued a sicknote for 42 days with recommendations
    to work from home if my company is agreeable.
    My company has basically said.
    We are not signing you off to work from home.
    We expect that if you are working, then you should be in the office 2 days a week.
    If unable to come into the office, we will consider approving, but if high levels of needing to work from home, you may be issued with a performance improvement notice to increase office attendance.
    My manager has already said he wants me in the office tomorrow, so that is not really the flexible arrangement i expected. The threat of a performance notice too is not nice.
    According to google, if it is not possible for the company to follow the doctors recommendations, then by default, the sick note of 42 days comes into force.
    My position is becoming untenable and would really like to resign. Do i have grounds for constructive dismissal? Will i get anywhere with a tribunal?
    Dismissing my mental health like this is not acceptable.
    Any advice would be useful before i do something stupid.
    Tags: None

  • #2
    Hello. So is your fit note still in effect? And if so, how many days are left until it runs out? If it is still in effect, there's no need for you to attend work regardless of what your manager says as you're not fit for duty, that's the reason the fit note was issued by the doctor.

    ​​​​​Also, have you been treated for depression by you doctor in the past? And how aware of your condition is your employer?

    Comment


    • #3
      Yes, my fit note with recommendations is still in effect till the end of the year.
      I have been treated for depression in the past. I only made my current employer aware of it during my request for flexible working. Nobody likes to advertise they have had issues in the past. This was back in 2012 when i was going through a divorce.

      Comment

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