Editor's Blog2 mins ago
Constructive Dismissal ?
on 01/10/12 as asked my employer if I could work 12months of mon-thu so that I could help out at my sisters business fri-sun. my employer agreed to this and I have proof on my personal file but after id made the commitment to my sister I was told by my employer that the previous management team didn't submit my request through the proper channels so because of that my request was refused. I appealed this decision 9 weeks ago on the basis that id already made a commitment to my sister that I could no longer get out of (making the commitment meant that I had to move house and make other irreversible life changes). My employer still hasn't got back to me even though ive been emailing my manager every week for the last 6 weeks, Im quite sure now that my employer will uphold the initial decision to refuse my roster change which will mean that il have to resign from my job in order to keep my commitment to my sister - my question is if the actions of my employer would be considered to be constructive dismissal ? thanks
Answers
Only 1 answer
Best Answer
No best answer has yet been selected by ste v. Once a best answer has been selected, it will be shown here.
For more on marking an answer as the "Best Answer", please visit our FAQ.
I guess you are using the Grievance Procedure? (if you aren't the process should be formalised, and in writing, plus keep your own notes of the meetings).
A Grievance Procedure should have a final appeal at the end of it, and the process document should detail the timescale by which the company will deal with these matters.
So much for the prelims. The answer to the Constrictive Dismissal question is no-one can know for sure, because we don't have all the facts and just your side of the story (which does sound very reasoned). Based on what I know, I would think you might have a reasonable case, but (as I think you know) it is a high-risk strategy because you have to resign and claim constructive dismissal in the letter of resignation.
If you are going to do that anyway, then you have nothing (more) to lose, and potentially a lot to gain.
I suspect that the real decison-makers in the higher echelons of the organisations do not yet realise the importance of this reversal of their decision to you (moving house, another business commitment etc). That is why you should try to use the Appeal procedure to get past the 'yes' men and to the decision-makers.
A Grievance Procedure should have a final appeal at the end of it, and the process document should detail the timescale by which the company will deal with these matters.
So much for the prelims. The answer to the Constrictive Dismissal question is no-one can know for sure, because we don't have all the facts and just your side of the story (which does sound very reasoned). Based on what I know, I would think you might have a reasonable case, but (as I think you know) it is a high-risk strategy because you have to resign and claim constructive dismissal in the letter of resignation.
If you are going to do that anyway, then you have nothing (more) to lose, and potentially a lot to gain.
I suspect that the real decison-makers in the higher echelons of the organisations do not yet realise the importance of this reversal of their decision to you (moving house, another business commitment etc). That is why you should try to use the Appeal procedure to get past the 'yes' men and to the decision-makers.
Only 1 answer
