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Constructive Dismissal? What can I do?

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  • Constructive Dismissal? What can I do?

    Hello,

    I was hired as a senior manager in a site of a major UK entertainment business earlier this year. I ended up with just five months service in the business. During which time I had NO probationary period, NO issues and my performance far exceeded what was expected of me.

    Around 4.5 months into the role our head office decided to finally check my references. I clearly stated from application right through to this point that my previous role had been self employed, however working for a particular global brand.

    They contacted said global brand who could not confirm my employment as I was self employed. My employer would not accept this (Despite showing them a ton of evidence that I did work on behalf of this company) and in short told me to resign or be sacked following an investigation with a guaranteed outcome.

    In my resignation letter I made it clear I did so under protest and stated the reasons why. I had the full support of all management levels locally who did what they could, however what was being done was as a result of head office.

    Whilst I understand I don't have any rights other than statutory ones, my contract states that 'Commencement of employment is subject to satisfactory references'.

    Do I have room to do anything here as this clause is surely invalid as the contract was not created and dated until September 2015, yet it states within that my employment commenced two months prior in July 2015?

    I have been told that this is constructive dismissal...
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  • #2
    Re: Constructive Dismissal? What can I do?

    Employers have 2 months from the start of employment to provide a written contract or other document containing the particulars of employment.

    It is constructive dismissal. By saying resign or be sacked they acted a way that showed that they no longer intended to be bound by the contract.
    However, you don't have sufficient length of service to bring an unfair dismissal claim. Within the first 2 years of service an employer doesn't usually have to give a reason for dismissal.
    Although there are exceptions that permit a claim with less than 2 years service, nothing you've written here indicates that you qualify.

    Comment


    • #3
      Re: Constructive Dismissal? What can I do?

      Thanks for the reply.

      I'm hoping that I can perhaps take action directly with them as I'm well aware I have no employment rights as such. In the sense that I hope to take an action I refer to the fact that someone has made a screw up and not checked my references prior to or around the time I started and as a result of an error made by the HR department it has caused me financial burden, loss of income etc (Especially so close to Christmas).

      Or am I on a hiding to nothing?

      Comment

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