resigned from job

[crhw40]

Hi I have resigned from my job of 14 years after being off sick for over a year with a back problem .I just felt as if my employer didn't care and offered no support at all I never received any offers of help or different job roles or any contact with anyone apart from my line supervisor who would call every now and again.i just feel as if they wanted my to go is this a case of constuctive dismissal thanks

[JaneNov]

Re: resigned from job

I'm not knowledgable on employment law however I do believe that when one door closes, another opens.mashappy:

Rest for a bit, collect your thoughts then read up all you can on constructive dismissal cases. If know that you've got solid evidence to back your claim - go for it and take them to the cleaners!

I'll also say, with 14yrs as an employee, future employers can see that you're not a fly-by-night employee. Very frustrating to train an employee then they disappear within 6mths or less!

[FlamingParrot]

Re: resigned from job

Hi I have resigned from my job of 14 years after being off sick for over a year with a back problem .I just felt as if my employer didn't care and offered no support at all I never received any offers of help or different job roles or any contact with anyone apart from my line supervisor who would call every now and again.i just feel as if they wanted my to go is this a case of constuctive dismissal thanks

Constructive dismissal can be rather tricky to establish. There needs to be a major breach of contract on the part of the employer, not just them wanting you to go.

You wouldn't be making a claim of constructive dismissal as such but of unfair and/or wrongful dismissal. The criteria for establishing constructive dismissal can be found here: http://www.findlaw.co.uk/law/employm...al/500236.html

You can call the ACAS helpline for advice:

Call our Helpline on 0300 123 1100 for free support and advice

Whether you are an employer, employee or representative, you can call the Acas helpline for free and impartial advice. Simply get in touch and we'll provide you with clear and confidential guidance about any kind of dispute or query that you have about relationship issues within the workplace. You may want to know about employment rights and rules, best practice or you may need advice about a dispute. Whatever it is, just give us a call, our team are on hand to respond within the hours below.

Helpline number and opening hours

Call on 0300 123 1100 Monday-Friday, 8am-8pm and Saturday, 9am-1pm.

Unfortunately these days you need to pay to submit a claim to the ET so you'll need good prospects of success to make it worthwhile, although it may be possible to get some or all of the fee waived in some cases: http://hmctsformfinder.justice.gov.u...ctober-eng.pdf.

In many cases, employers will offer a monetary settlement once they see you've issued a claim, a friend of mine issued a claim based on constructive dismissal and was offered a settlement in 2008, the amount was rather small but better than nothing. The procedure for submitting claims has changed, nowadays you have to start with early conciliation from ACAS and get a certificate from them before you can issue a claim. See this: http://www.acas.org.uk/earlyconciliation. You have three calendar months to request early conciliation, this step is free of charge. :thumb:

[teaboy2]

Re: resigned from job

Hi I have resigned from my job of 14 years after being off sick for over a year with a back problem .I just felt as if my employer didn't care and offered no support at all I never received any offers of help or different job roles or any contact with anyone apart from my line supervisor who would call every now and again.i just feel as if they wanted my to go is this a case of constuctive dismissal thanks

Whilst am sympathetic to your situation and no doubt your feeling extremely low - I do believe you have allowed your low self esteem to get in the way of you making decisions here. The company has not done anything wrong, it can't clap its hands and fix your back for you. All the company can do is wait til you are fit to return to work. Your not going to receive offers of alternative roles if they are skilled based or require manual labour that could worsen your condition. They could have made reasonable adjustments, but then and am assuming you worked on a production line *hence line manager", what reasonable adjustments could they make when you consider health and safety etc? Non that would do your back any good! As even if they gave you a chair to sit on, that's the worse thing for your back as that's why office workers have bad backs!

Basically you resigned and now have no job to go back too, you have no chance of any successful claim against the company, especially not on constructive dismissal which is difficult to win at the best of times!

I know this is not what you wanted to here, but its the truth am afraid! If its not too late, i suggest you withdraw your resignation!

[JaneNov]

Re: resigned from job

Constructive dismissal can be rather tricky to establish. There needs to be a major breach of contract on the part of the employer, not just them wanting you to go.

Agree!

That's why suggested to read up on constructive dismissal cases to see if got a case then decide.

Unfair dismissal has happened to a few friends of mine and once they cleared their heads, decided a long drawn out case wasn't worth it (in one case evidence had being destroyed by her boss). So she just rested for a bit (well that rest turned out to be over a year as didn't see the dismissal coming so was in a state of shock for months) then started afresh.

Another friend was advised, similar to what you're saying; things have changed and asked him will the pay out be worth the emotionally and physically strain? Decided nah and is now employed elsewhere.

You've given some great pointers there for crhw40 or others in similar situation to read then decide which way gonna go!

[JaneNov]

Re: resigned from job

Basically you resigned

Agree too and that's why suggested two possibilites that crhw40 could consider.

Didn't think of the possibity of withdrawing application.:doh:

Another possibility, I see is going self employed if they can when feel better. Realise not as easy as it sounds however is another option.

[crhw40]

Re: resigned from job

Hi guy's thanks for your replies I just felt they were trying to force me out the door. They took back the company phone had to wait months for ssp1 form when I asked for it ang they just plainly forgot to pay me one month (when I spoke to wage dept she said I didn't think I paid you this month) so I thought it best just to resign .then I was speaking to a friend who said she didn't think it was right the way I was treated and should look into it thanks again

[teaboy2]

Re: resigned from job

Hi guy's thanks for your replies I just felt they were trying to force me out the door. They took back the company phone had to wait months for ssp1 form when I asked for it ang they just plainly forgot to pay me one month (when I spoke to wage dept she said I didn't think I paid you this month) so I thought it best just to resign .then I was speaking to a friend who said she didn't think it was right the way I was treated and should look into it thanks again

Instead of resigning, the correct approach would have been making a formal grievance about the issues you highlighted. That way everything would have been documented and if things didn't improve after the grievance procedure was completed or exhausted, you'd have had grounds to go to ET then, without even needing to resign!