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Constructive Dismissal ?

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  • Constructive Dismissal ?

    Hi all

    Newbie here looking for some advice. I'll try to keep it as short as possible...

    For 5 years I have worked as a business manager for a worldwide company which employs over 5,000 people in the UK. Head offices based in london - I'm home based but linked to an office in Yorkshire.

    Towards the end of last year I was placed on a performance improvement plan by my senior manager (not my direct line manager). From the outset I strongly disagreed with the need to put me on the plan - I was well ahead of my new and existing business targets. This involved an extremely heated meeting with my 2 managers (line and senior) where details of the plan were discussed. There then followed another meeting with my line manager and a representative from HR - who was not there at my request. Subsequently a plan was added to my appraisal and a strongly worded hard copy letter sent to my home address threatening disciplinary action should I not meet the plan's criteria. You can imagine the stress and worry this caused.

    Since the second meeting at the end of 2010 I have not heard 1 thing about that plan. I have asked my line manager on over 10 occasions both written and verbal what has happened to it and not had any answer at all.

    Finally, in desperation, I emailed HR directly explaining the situation. The very next day I received a phone call from my line manager to say my performance had dropped off in recent months and they were placing me on another PIP. I have been told today that he wants to meet me on Thursday to discuss this. I have already asked the HR department twice for a copy of the company's formal grievance procedure - but I've had no response. My job description states meeting targets as the overriding criteria on which my job will be assessed. I am well ahead of those targets this year - it's been a record year infact.

    What do you think - should I pursue a formal grievance and possibly constructive dismissal?

    Thanks for any advice and apologies for being so long winded.
    Tags: None

  • #2
    Re: Constructive Dismissal ?

    Have you been dismissed?

    Comment


    • #3
      Re: Constructive Dismissal ?

      No - I am still in my job, but feel that I cannot continue under these circumstances.

      Comment


      • #4
        Re: Constructive Dismissal ?

        Have a read of this then, this is similar to your situation Is this constructive dismissal? - Legal Beagles Consumer Forum

        Comment


        • #5
          Re: Constructive Dismissal ?

          Claiming constructive dismissal would mean leaving this job and looking for another one. You have to consider wether you are prepared to do this in the present economic climate and job market.

          Comment


          • #6
            Re: Constructive Dismissal ?

            Hi - thanks for the advice. I realise I would have to leave this job and go to an employment tribunal etc, but I feel so strongly about this that I am almost prepared to do it.

            I thought my first port of call was to pursue a formal grievance, but my company seems to be unwilling to send me their procedure for doing this !

            Comment


            • #7
              Re: Constructive Dismissal ?

              Are you in a union? If not, could you join one?

              Comment


              • #8
                Re: Constructive Dismissal ?

                Hi - no I am not in a union and no I don't hink I could join one.

                I guess what I am asking here is whether you think what I have described above gives grounds for constructive dismissal?

                Comment


                • #9
                  Re: Constructive Dismissal ?

                  Did you read the link I posted?

                  Comment


                  • #10
                    Re: Constructive Dismissal ?

                    Yes - I did. Many thanks for posting.

                    It would seem to indicate that I do have a claim. It's the way the company has treated me that makes me I cannot do my job properly. To receive a letter from HR like the one I received last year - and then to hear nothing more about it seems almost unbelievable.

                    Comment


                    • #11
                      Re: Constructive Dismissal ?

                      I would agree with you.

                      Comment


                      • #12
                        Re: Constructive Dismissal ?

                        If I can quickly quote from the letter I received:

                        "This period of performance management coaching will last for approximately 7 months; during this period interim reviews will take place to assess whether you are on target to meet your objectives. If after this time however the performance has not improved to the required standard I have to advise this may result in further formal disciplinary action being taken.
                        The contents of this letter will show you the company's commitment to ensuring that performance management coaching provides the formal support you require to improve. As your line manager my responsibility in all of this process is to be there to support, coach and motivate you to achieve the required performance standards"

                        Since that letter dated November 2010 I have not heard anything about it - there have been no formal reviews and a sales training course that the company promised me is yet to materialise. I had to chase them up for it in the end and it's now booked for 2012.

                        Comment


                        • #13
                          Re: Constructive Dismissal ?

                          To Claim Constructive Dismissal You Would Need To Show A Breakdown In The Relationship With Your Employer And A Breach Of Trust

                          A GRIEVANCE WOULD BE THE FIRST STEP WITH A FORMAL RESPONSE

                          Comment


                          • #14
                            Re: Constructive Dismissal ?

                            When you say since the end of 2010 you have not heard anything about that meeting, are you saying that as far as you are aware you have received no formal assessment during that period of time?

                            May I also ask prior to all of this did you receive regular Continual Professional Development, and since the start of this plan have you received any CPD?

                            Finally, most places separate out formal procedures into Competency and Disciplinary. I assume your organisation only has a Disciplinary procedure?

                            Comment


                            • #15
                              Re: Constructive Dismissal ?

                              I have monthly one to one meetings with my line manager - but that is to discuss business in general. At no point has he ever said to me 'right we need to sit down and discuss how you have met the objectives set out in the PIP' Many chasing emails to him have elicited no response.

                              CPD - not really ever. The odd training course here and there but nothing formal as such. I'm not aware of any specific type of procedure my company operates - I was just told I was being put on a PIP - and now I've been told I'm being put on another one. I feel that this may constiture bullying - or harrasment to be precise.

                              Comment

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