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taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6466
Experience:  15 years experience of advising on employment law matters
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I was signed off work with stress at the end of February since

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I was signed off work with stress at the end of February since my new line manager was expecting me to do far too much work including his work load and being available 24/7. I have been off work since as I felt he was condescending to me and our working relationship deteriorated. I had a meeting with a director outlining the issues and was referred to occupational health for a consultation. The occupational health report said I was fit to return to work but perhaps in another department. I have today returned to work (I am and area manager working from home a lot) but have been told to report back to my same line manager who I have the issues with. Nothing from the report has been looked into by HR or the director and I am feeling nothing is resolved. Do I have a case for constructive dismissal?
Hello my name is ***** ***** I am happy to help you today. How long have you worked there for?
Customer: replied 2 years ago.

Hi Jenny,

I have worked there for 10 years. I have been a Regional Manager now Area Manager (since the new structure has come in) for 5 years.

Have you raised any grievance about this?
Customer: replied 2 years ago.

Not an ofical written one as I was too stressed at the time and off work with stress. I had a meeting with our operations director where I verbally discussed my grievance against my line manager, this was in July. The operations director offered me an alternative position verbally but then referred me to an occupational health consultation which I had to wait 2 months for. This position is now not available I have been told today.

Unfortunately until you have exhausted internal grievance processes it is not possible to successfully claim constructive dismissal. This is because the Tribunal expects employees to exhaust all external procedures prior to making a claim.
Clearly the actions of your employer is making your continued employment untenable and it if you do raise your grievance you should make this clear. You should say that the failure to offer you an alternative position in the cirumstances amounts to a breach of trust and confidence and a breach of the duty to care for your health and safety as a suggestion you return to the same role would damage your health.
Hopefully sending a grievance like this will resolve the situation if it does not you will be then in a position to resign and raise a claim.
If you have any further questions please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.
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