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Constructive dismissal?

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  • Constructive dismissal?

    Just before Christmas 2016 I was signed off for 3 weeks with stress caused by the incompetence of my immediate manager. This was acknowledged by his previous manager verbally but then our department was moved and the new director never admitted this. Whilst I was off I was seen by the company doctor who agreed that a return to work was possible if I did not report to my manager. I was in communication with the director and he agreed this but mentioned that he was restructuring the department. Two days later the Friday before I returned to work he told me that this involved my job disappearing under the new structure. This was announced to the entire team along with other changes in a general meeting on the Monday I returned. My colleague and only other member of the senior management team had resigned and left for the same reason by then leaving a single point of failure in the management team. There was a period of consultation and I was asked to work on this effectively writing myself out of a job.

    after three days I was asked to leave my office which was located within the department and work elsewhere. I had little direction as to what was required and produced process maps, suggested possible structures and wrote a comprehensive risk assessment of the new proposed structure. I was told that this was not my business and the risk ass was quashed. I kept requesting work to do and offered to carry on with some of my old workload but that was rejected as I was not able to report to the head of dept. I also repeatedly asked for help with reassigning me but was not placed on the list so could do little. I was then moved to another location on my own. I continued to ask for tasks but none were forthcoming.

    As this was going on the company were running a voluntary exit scheme which, seeing little options, I registered for. I eventually took this in April 2017. As background I was an exemplary employee with 19 years service, glowing annual reports and was promoted throughout the last time in Feb 2016.

    I have now discovered that they are advertising my old job with exactly the same t&c and job spec. The only difference being a slightly different job title (one wordŁ.

    I had a feeling that this would happen and HR told me that it would be legally permissible to do this as the restructure had failed and a rethink occurred. My question is are they correct or is this constructive dismissal?

    thank you and apologies for the long post.
    Tags: None

  • #2
    Re: Constructive dismissal?

    tagging [MENTION=51026]Ula[/MENTION] [MENTION=26290]mariefab[/MENTION] xx
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    • #3
      Re: Constructive dismissal?

      Even if there was a chance of proving constructive dismissal you only have 3 months minus a day from the date your job ended to start tribunal action. You say you took the voluntary exit scheme in April, however what was actual termination date of your employment?
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      • #4
        Re: Constructive dismissal?

        1st April so I'm too late! TBH I considered at the time but thought better of it as I got a good pay off and tribunal route not pleasant or politic!

        many thanks.

        Comment

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