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Nicola-mod
Nicola-mod, Moderator
Category: Employment Law
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Experience:  Moderator
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Would i be able to take my previous employer to court for constructive

Customer Question

Would i be able to take my previous employer to court for constructive dismissal?

I moved jobs within the company and within a matter of 6 weeks was put on notice of redundancy.

I did lodge a grievance where I have also appealed the original outcome and have the statements. In these statements the Operations director has denied that he knew about the reconstruction which I find very hard to believe.
Submitted: 4 years ago.
Category: Employment Law
Expert:  Ben Jones replied 4 years ago.

Ben Jones :

Hello, my name is Ben and it is my pleasure to assist you with your question today. How long have you worked there for?

JACUSTOMER-f9fxtrys- :

Hi

JACUSTOMER-f9fxtrys- :

6 years

Ben Jones :

So are you officially being made redundant now?

JACUSTOMER-f9fxtrys- :

I took the redundancy which happened in May and had to wait until today for the outcome of the appeal, I was offered my old job back within a different part of the company but declined it

Ben Jones :

Why did you reject this job?

JACUSTOMER-f9fxtrys- :

As soon as the proposal was made as I spoke to the financial director straight away questioning the decision to let me move jobs if restructuring was on the table

Ben Jones :

did you specifically query the safety of the job before moving, or did the employer mislead you about it (not mentioning anything is not misleading you, I am specifically referring to them giving you information which was untrue or misleading)

JACUSTOMER-f9fxtrys- :

No but only because in November 2012 all employees were told that no plans were to be made and our jobs were safe as the new managing director ''liked'' the way our company worked within the bigger group.

Ben Jones :

This is not a case for constructive dismissal as to claim this you would need to have resigned, rather than be dismissed.

As your employment was terminated by reason of redundancy the only claim you can consider making is for unfair dismissal. This would be claiming that the employer either did not have a fair reason to dismiss you or that they did not follow a fair procedure.

The issue here is that the employer would not have been under a strict legal obligation to tell you that a job was potentially facing restructure unless you had queries this. Similarly, they should not have provided you with misleading information about the job and given you false facts on which you based your decision to move.

It appears that a lot would depend on whether the manager you mentioned did actually know about this or not. I understand that you do not believe what he has claimed but in the absence of direct evidence that could be difficult to prove. It would come down to the evidence that he gives to a tribunal if it goes that far and it would be for them to decide whether they believe this to be credible.

So in the circumstances it certainly is not a claim that I can say is strong and I would advise to be made, there are a number of issues and risks and a successful outcome cannot be guaranteed. It is of course up to you whether to proceed but this is my professional opinion on this.

JACUSTOMER-f9fxtrys- :

What would be he case if the financial director knew I had been offered the new role and he knew the proposal was already on the table, he has informed me and made a statement to say this.

JACUSTOMER-f9fxtrys- :

but says employing is not his department?

Ben Jones :

That would still not make the dismissal unfair though, the tribunal will look at the job you did at the time of redundancy and whether the employer can show that a redundancy situation existed. What happened before the redundancy came up will not change the fact that a redundancy situation existed and that this was required in the circumstances. So a tribunal is only concerned with the current position, whether there was a redundancy situation and whether a fair procedure was followed

Ben Jones :

Please let me know if this has answered your query or if you need me to clarify anything else for you in relation to this?

Ben Jones :

I hope this has answered your query and would be grateful if you could please take a second to leave a positive rating - your question will not close and I can continue providing further advice if necessary. Thank you

Expert:  Nicola-mod replied 4 years ago.
Hello,

Just a quick reminder, there is an unrated answer waiting for you here from the Professional.

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If you still need help with your question, please feel free to reply to the Expert on this question page. You may ask as many follow-up questions on the same question page as you need until you are satisfied.

Thank you,
Nicola