Constructive dismissal - advice needed.

Constructive dismissal - advice needed.

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tim0409

Original Poster:

4,410 posts

159 months

Saturday 13th February 2016
quotequote all
Hi there

My wife has worked for the same company (company A) for 20 years, and during the time she has had a variety of management roles (hospitality/finance), and in 2012 she was moved to a new company (company B) set up by the owner of company A to deliver online training. She worked in the same management role till last year, at which point a consultant was employed to give advice on restructuring, and she was subsequently replaced and told that she would be working alone in a new company set up to deliver a niche product (although she is still paid through company B). She wasn't happy about this as she did not have the skill set to carry out the role but the owner was insistent; she sought legal advice and was told by a solicitor that she had a case for constructive dismissal although it would be 50/50. She decided to stay, even though she would be losing out on bonuses as the new company was marginal - she never received the support the owner promised, and the company is not succeeding (she new this was likely at the start as the business idea was flawed).

I should mention that she was TUPE between the roles.

Last week the owner moved her back to company A following the dismissal of a manager (she was told he would "force" the issue if she didn't want to do it) - the role (running a bar) is fundamentally different to what she has being doing previously (online training), and requires different hours including nights - she hasn't done this for many years (since she worked for company A). She is really unhappy and is seeking advice on Monday as she believes it constitutes constructive dismissal.

I'm really looking for some thoughts/advice.

Jasandjules

69,889 posts

229 months

Saturday 13th February 2016
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I am not sure what advice you are looking for as such.

If you like I can send you a great deal of information on constructive dismissal, if you do want it email me on here.

I can say it is not an easy claim to win by any means.

mp3manager

4,254 posts

196 months

Sunday 14th February 2016
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I would have thought that if she was TUPE'd between companies with an employer who's trying to change T&C's, that is a breach of contract. Under TUPE, I'm pretty sure employers can't change your contract without you agreeing first, especially if you'll be put in a worse position ie. working nights when you previously worked days.

I was TUPE'd 18 months ago and the new company are desperate to change my contract, I told them to 'do one' and they're not happy about it. laugh
Over the weekend I've been filling in ET1 forms and will be taking the new employer to an ET for disability discrimination, I guess they'll be even unhappier about that but that's another story entirely. wink



Edited by mp3manager on Sunday 14th February 05:11

Jasandjules

69,889 posts

229 months

Sunday 14th February 2016
quotequote all
MP3 you are correct but she had three months to lodge her claim in 2012.....

I trust you've gone through ACAS with no joy?
If you want some off the record help email me.

And OP, one of the more important aspects of Constructive dismissal is the time........ If you don't act quickly you may be deemed to have affirmed the contract.