Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Can you please explain your situation in a bit more detail and also confirm how long you have worked there for?
I have worked there for 18 months, I am a receptionist in a hotel and I was offered to work in the events office as someone left and there was no cover and I had prior experience. I had one week of annual leave and on my return I was advised that I was not good enough and returned to my original post without explanantion, an inexperienced colleague was given the post and has since made a number of errors and nothing has been done. Also a number of times in the last week I was late 3 times, this was due to my 2 year old son being ill. I was not more than 10 minutes late on any occasion and I always work late than my finish time anyway, yet I have now been informed the general manager, who spoke to the operations manager, who spoke to my line manager, who then spoke to me has said if this continues I shall be made an example of (of how I do not know).
Other employees have come into work, hung-over /still under the influence and no action is taken and I feel I had a justifiable reason and I have not even been given a chance to explain why I am late.
Hi sorry my connection dropped earlier. Unfortunately you are not able to make a claim for constructive dismissal if you are forced out of your job in the circumstances. That is because you need at least 2 years' service to do this, which you do not have. Effectively it means that an employed can bully an employee or treat them unfairly within their first 2 years of employment and the employee would not be in a position to challenge that if they are forced out as a result. It may indeed seem unfair but I am afraid it is the current law. You are still able to raise a formal grievance if you wish to do so but would not be able to take this to an employment tribunal
Oh dear, I thought on the government website I thought I read it was 1 year employment required, have I mis-understood then?
it used to be 1 year, but it changed a couple of years ago
it is now 2 years
Ok, do you think raising a grievance would be an appropriate course of action or do you think I should just accept the circumstance for now?
you have nothing to lose to be honest so you can at least try and resolve the issues that way
Right, can I just ask, had I been employed for 2+ years would this count? Its not necessarily that I want to claim, I just want to make sure I understand my situation, when I speak to the Management.
What do you mean by 'would this count' please?
Had I been employed for 2+ years would this count as constructive dismissal?
yes that is likely as it 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).
Thank you very much! have a good evening.
you are welcome, all the best