Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. What are your specific queries about this situation please?
how can I be Director Hotel Services then told I have to run hotel 3 days a week but now over 2 weeks I am told I have to no have my contract changed back to my old contract and go back to run hotel full time on my DHS salary this acceptable
When I asked if I could take new contract home to read I got told I was being ridiculous, but would you sign a contract without thoroughly going over
and what would you like to achieve in this situation?
I am happy to go back to my original role but if how she has gone about getting this to happen threatens my role with my new boss I really want to know if this behaviour continues is it cause for constructive dismissal as I am so unhappy but was not until December, also she has to leave her role and she is never responsible for anything that goes wrong there always has to be a scape goat...2 finance staff in 2 months, a hotel manager, and 4 volunteers?
We cant all be under performing?7
All of this could indeed result in a constructive dismissal, which occurs when the following two elements are present:
A common breach by the employer occurs when it, or its employees, have broken the implied contractual term of trust and confidence. The conduct relied on could be a single act, or a series of less serious acts over a period of time, which together could be treated as serious enough (usually culminating in the 'last straw' scenario).
The affected employee would initially be expected to raise a formal grievance in order to officially bring their concerns to the employer's attention and give them an opportunity to try and resolve them. If the issues are so bad that the employee can't even face raising a grievance and going through the process, or if a grievance has been raised but has been unsuccessful, then they can consider resigning straight away.
If resignation appears to be the only option, it must be done without unreasonable delay so as not to give an impression that the employer's breach had been accepted. Any resignation would normally be with immediate effect and without providing any notice period. It is advisable to resign in writing, stating the reasons for the resignation and that this is being treated as constructive dismissal.
Following the resignation, the option of pursuing a claim for constructive dismissal exists. This is only available to employees who have at least 2 years' continuous service. There is a time limit of 3 months from the date of resignation to submit a claim in the employment tribunal.
An alternative way out is to approach the employer on a 'without prejudice' basis (i.e. off the record) to try and discuss the possibility of leaving under a settlement agreement. Under a settlement agreement, the employee gets compensated for leaving the company and in return promises not to make any claims against the employer in the future. It is essentially a clean break, although the employer does not have to agree to it so it will be subject to negotiation. In any event, there is nothing to lose by raising this possibility with them because you cannot be treated detrimentally for suggesting it and it would not be used against you.
Just to make a final, yet important point, that constructive dismissal can be a difficult claim to win as the burden of proof is entirely on the employee to show the required elements of a claim were present. Therefore, it should only be used as a last resort.
I know the procedure for constructive dismissal but I am happy to do my original role with the new charity but I want to cover my options with my new boss as my to be old boss actually called and told her she had put me on performance review in front of another colleague. This surely is not acceptable behaviour and with the changes to happen Monday I do not wan to cause problems but do not feel my old boss to be can treat people like this.
no I agree, but whilst this may be tantamount to bulling, the procedure would be the same - informal discussions with the person at first, followed by a grievance and then constructive dismissal
Just to let you know I have to go offline shortly as I have an early start so please let me know if you need me to clarify anything else for you before I go?
Thank you for your help but I do not want to complain with a new boss and if I won a constructive dismissal claim it would be a cost to the new charity which I would not want as they are an amazing charity.
yes that is an issue, you sue the employer, not the individual so that is something to consider before proceeding
Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? Thanks