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Jenny
Jenny, Solicitor
Category: Law
Satisfied Customers: 6339
Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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Hi I was wondering what constitutes constructive dismissal.

Customer Question

Hi
I was wondering what constitutes constructive dismissal. I am finding myself in a very untenable situation at work. There are a couple of individuals in another department who are trying to take complete control of my remit. I am in senior management but the remit given to me is being repeated in this other department - where they are building up replications of the same functions I have put in place. My boss has just returned from maternity and I am now having to write down my responsibilities and that of this other team. This situation has made working conditions really unpleasant and one individual has made it very clear to me that he wants ownership of what my team does.

Any advice appreciated.

Thanks
Submitted: 4 years ago.
Category: Law
Expert:  Jenny replied 4 years ago.
Hello and welcome to Just Answer, I assume from your question that you have not yet exhausted the internal grievance procedure. Please could you confirm if this is the case?
Customer: replied 4 years ago.

No I haven't - apart from escalating to my boss.

Expert:  Jenny replied 4 years ago.
To answer your original question constructive dismissal occurs where the treatment of the employer by the employee is so bad that the employee has no alternative but to resign.

Where an employees responsbilities are eroded as you describe, potentially this could amount to constructive dismissal. However an employment tribunal would expect an employee to exhaust an internal grievance procedure before resigning in such circumstances.

I would therefore advise you to make a formal complaint in accordance with the procedure and state that you feel stressed by this and that you think it may amount to constructive dismissal. If it is not resolved, and you cannot continue working then, at that point, you could resign and raise a claim.

Please remember to give positive feedback, I will be happy to answer your follow on questions.
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