Constructive Dismissal ?

[postggj]

Re: Constructive Dismissal ?

Please Remember

Only 3 % Of All Constructive Dismissal Claims Are Upheld At Tribunal, And Of Those, It Was Because Of Violations Of Protected Characteristics,

THOUGH MOST ARE CONCLUDED BEFORE IT GOES IN FRONT OF A JUDGE AT THE CASE MANAGEMENT STAGE

(COSTS) TO THE EMPLOYEER

This Seems To Me So Far As Poss Unlawfull/UNFAIR Dismissal (if That Happens) Through Not Following Correct Procedure As To The Acas Code Of Practice

Go With The Grievance To Begin With

[CoolIris]

Re: Constructive Dismissal ?

OK - many thanks for your advice (everyone!)

Just one other question - what happens if my company refuses to provide me with a copy of their formal grievance procedure? Should I continue with it anyway?

Thanks again

[postggj]

Re: Constructive Dismissal ?

a company by law has to give you that document, its part of your contract of employment

if they dont give it you

put in another grievance just on that issue

or you just do a letter and head it formal grievance and send it by recorded delivery to your line manager

[labman]

Re: Constructive Dismissal ?

Have a read of Western Excavating (ECC) v Sharp 1978 QB761.

That was a defining case for the term constructive dismissal.

[enaid]

Re: Constructive Dismissal ?

The company must have a standard grievance procedure and if the details of this are not on your contract then your contract should state where you can get a copy, usually in the employers handbook which by rights should be available for you to see at any time.
You must follow this procedure to the letter before taking any legal action or indeed handing in your notice.
I would though if I were contact ACAS Home - Acas
Constructive Dismissal is very hard to prove and if your company is willing ACAS have a mediation service that will if resolved be binding on both parts.
They will also although unbiased to either party give you some idea if you have claim or not.
Enaid x

[SpringerSpaniel]

Re: Constructive Dismissal ?

You may want to look for another job whether or not you go donw the constructive dismissal route.

[charitynjw]

Re: Constructive Dismissal ?

ACAS info can be accessed from this link.

http://www.acas.org.uk/index.aspx?articleid=2927

But be wary of 'Some Other Substantial Reason' (SOSR)

http://www.acas.org.uk/index.aspx?articleid=3329

[CoolIris]

Re: Constructive Dismissal ?

Hi all - thanks very much for your input, I really appreciate it.

A quick update:

The HR department have finally sent me a copy of the company's formal grievance procedure - it's quite basic, essentially I should write a letter and they will organise a meeting etc etc. The lady from HR has asked me to give her a call to discuss first.

My grievance comprises of three things:

1. Complete lack of any response to performance improvement plan number 1 - no acknowledgement of my performance against the plan or anything. Nothing to tell me if or when the plan would be removed from my online appraisal. (It's gone now)
2. We've all had an increase to our sales targets for next year. However my increase is over 5 times that of my direct colleague. Reason given for this is my colleague didn't think initial figures were fair. (CAN I MAKE A COMPARISON LIKE THIS?)
3. Tomorrow I have to attend a meeting regarding performance improvement plan number 2. I've only had a phone call - nothing in writing and no offer for me to take somebody along. This seems to fly in the face of ACAS guidelines.

Any further advice gratefully received! Presumably I could outline the whole lot in a single grievance letter?

Thanks !

[SpringerSpaniel]

Re: Constructive Dismissal ?

if the colleague with the much lower sales target is of a different race or gender to yourself, you may have prima facie evidence of a discrimination claim.

This may be a useful cause of action as the burden of proof is reversed once you have established this prima facie case - and compensation is uncapped.

[CoolIris]

Re: Constructive Dismissal ?

Thanks - colleague is exactly same gender and ethnic origin as me.

There are 4 of us in the team - but he and I are on identical grading and job titles. The other 2 guys are slightly different.

I don't see it's fair that all of a sudden I get a massive increase for no good reason that I have been given. However I want to be absolutely certain I am 'allowed' to talk about this before I raise it formally in a grievance letter. I have no reason to think I can't raise it - but I know if I do something wrong now it could work against me.

Incidentally because of the way we work (home based) a lot of stuff like the above I have hard copy email evidence of.

[labman]

Re: Constructive Dismissal ?

If you have higher targets and meet them, do you get more money, even if some of it is paid in commission?

[CoolIris]

Re: Constructive Dismissal ?

Theoretically yes - we get paid a quarterly bonus which is paid as a percentage of our salary. But it's not unlimited - if I meet my target or exceed it by 10 times I still only get the same amount.

Thanks

[labman]

Re: Constructive Dismissal ?

So you and your 'identical' colleague with lower targets would still be earning the same?

[charitynjw]

Re: Constructive Dismissal ?

It appears to me that a capability assessment (as opposed to a capability review) is a possible pre-cursor to disciplinary action, & as such I'm pretty certain that you should have been informed of the right to be accompanied.
Also, I believe that the employer's capability assessment procedure should have been made available to you, as there should be details on how to appeal decisions.
& as for the disciplinary/grievance procedures, it is a statutory duty of the employer to give you this info, or at least tell you where it can be found - this is known as a statement of employment particulars* (which could be in the form of a 'hello, welcome to the firm' letter, but it must embody all the terms required by law)

* http://www.direct.gov.uk/en/Employme...ions/DG_175704

[CoolIris]

Re: Constructive Dismissal ?

Hi - thanks again for your help.

Re: targets - my target was 40K new business and my colleague's was 55K - I assume my senior manager had looked at our areas and decided there was more potential on my colleague's area for 2012. In the last week we've all been passed an increase from 'group' and both myself and my colleague now have to find 57K - so he gets 2K increase, I get 17K. Only reason given is colleague didn't think original figures were fair.

Today I have had a meeting regarding putting me on performance improvement plan number 2. Both my line manager and senior manager were present (I wasn't aware senior was going to be there). I have not been given any written warning of this meeting - infact I was only told about it by a phone message from line manager at 5pm on Tuesday. Wednesday and today have both been very hectic days and I therefore had no time at all to prepare for the meeting. Consequently questions I was asked during the meeting I could not answer. I was also given no opportunity at all to take anyone to the meeting - even someone from HR.

This is from the ACAS website !

9. If it is decided that there is a disciplinary case to answer, the employee
should be notified of this in writing. This notification should contain
sufficient information about the alleged misconduct or poor performance
and its possible consequences to enable the employee to prepare
to answer the case at a disciplinary meeting. It would normally be
appropriate to provide copies of any written evidence, which may include
any witness statements, with the notification.
10. The notification should also give details of the time and venue for
the disciplinary meeting and advise the employee of their right to be
accompanied at the meeting.

Thanks all