Is constructive dismissal still grounds for leaving?
Is constructive dismissal still grounds for leaving?
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Ultra Sound Guy

Original Poster:

29,248 posts

216 months

Friday 11th February 2022
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I did start to type out the whole story, but it would be far to long to get all of the information over!
The real question that I need to ask is...
If my company have forced me into a position where it is impossible for me to carry out my job to my best abilities, is it still possible to file a claim for constructive dismissal against them? (I don’t really want to leave, but they have contrived to make it impossible for me to carry out my job.)
In the past, I would have just moved on but I reached official pension age at the beginning of January but can not afford to retire until I am 70.
There is nobody else in the company able to do what I do, but they seem hell bent on making my position impossible!

CharlesElliott

2,246 posts

304 months

Friday 11th February 2022
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Yes but to apply on those grounds, you first have to leave / be forced to resign. You can't claim constructive dismissal when you are still employed.

Ultra Sound Guy

Original Poster:

29,248 posts

216 months

Friday 11th February 2022
quotequote all
Thanks, I kind of guessed that!
My position is getting really intolerable. I’d be happy to carry on for another 4 years, but if it carries on like it is at the moment I think I’m heading for a breakdown.
I’m going to carry on working to the best of my abilities but will be keeping an accurate diary of events and conducting all communications in a written form so as there can be no confusion or denial if it should come to any form of litigation!

JNW1

9,137 posts

216 months

Monday 14th February 2022
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A lot of solicitors offer a free initial consultation so maybe find one local to you who specialises in employment law, explain your situation and hopefully they should be able to give you an idea of where you stand legally and how best to take it forward. Good luck with getting it sorted!


Ultra Sound Guy

Original Poster:

29,248 posts

216 months

Monday 14th February 2022
quotequote all
JNW1 said:
A lot of solicitors offer a free initial consultation so maybe find one local to you who specialises in employment law, explain your situation and hopefully they should be able to give you an idea of where you stand legally and how best to take it forward. Good luck with getting it sorted!
Cheers! I’ve put up with a lot in the 13+ years I’ve been with them, but I’m at breaking point now!

Jasandjules

71,881 posts

251 months

Monday 14th February 2022
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Constructive dismissal is effectively where your employer breaches a fundamental term of the contract of employment which entitles you to resign.

Tom8

5,411 posts

176 months

Tuesday 15th February 2022
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Constructive dismissal is notoriously difficult to successfully prove so you need exceptionally good reasons to pursue and any decision to go ahead you should consider very carefully as it may cost you in the end.

Do the job to the best of your ability I would suggest if you need the job, they are then forced to go down a performance route if necessary. You would need to begin recording your issues and highlighting them to your manager about unreasonable requests etc.