News0 min ago
Grounds For Constructive Dismissal?
43 Answers
I have worked as a receptionist for a property company for the last three years, with two separate spells of employment with them.
I feel badly treated by them and wonder if I have grounds to file for constructive dismissal?
I wasn't told in my interview that staff do not get a lunch break. I only found out on the first day that we are paid instead but cannot leave the desk.
I have raised this many times in the intervening period and they say that we are entitled to 20 minutes' rest away from the desk. However, in our case this is not possible, as there is nowhere to go (we are not allowed to leave the building) and would be constantly interrupted by couriers and visitors wanting to get in.
Secondly, our work load has increased considerably since I joined. What was a very quiet reception role now involves organising weekly and monthly marketing events and newsletters, which has changed the Job Description entirely.
Thirdly, I have complained five times about the sun streaming into the building and blinding me on reception. No action has been taken to address this problem and it is impossible to work for several hours in the afternoon without standing up to avoid the sun.
Finally, I am due for a major operation on 6th January and the hospital rang to move it back to 30th December. I informed my line manager immediately, who asked if I could stick to 6th January as they are short on cover. I have refused, as this is an operation that is required asap and I am very upset at their attitude.
We get no sick pay and we have to take Christmas Day and New Year's Day out of our holiday allowance.
I actually like my job, believe it or not, but I am tired of their treatment towards me and feel I have no choice but to leave.
What advice would you have about constructive dismissal?
I feel badly treated by them and wonder if I have grounds to file for constructive dismissal?
I wasn't told in my interview that staff do not get a lunch break. I only found out on the first day that we are paid instead but cannot leave the desk.
I have raised this many times in the intervening period and they say that we are entitled to 20 minutes' rest away from the desk. However, in our case this is not possible, as there is nowhere to go (we are not allowed to leave the building) and would be constantly interrupted by couriers and visitors wanting to get in.
Secondly, our work load has increased considerably since I joined. What was a very quiet reception role now involves organising weekly and monthly marketing events and newsletters, which has changed the Job Description entirely.
Thirdly, I have complained five times about the sun streaming into the building and blinding me on reception. No action has been taken to address this problem and it is impossible to work for several hours in the afternoon without standing up to avoid the sun.
Finally, I am due for a major operation on 6th January and the hospital rang to move it back to 30th December. I informed my line manager immediately, who asked if I could stick to 6th January as they are short on cover. I have refused, as this is an operation that is required asap and I am very upset at their attitude.
We get no sick pay and we have to take Christmas Day and New Year's Day out of our holiday allowance.
I actually like my job, believe it or not, but I am tired of their treatment towards me and feel I have no choice but to leave.
What advice would you have about constructive dismissal?
Answers
Christmas, boxing and new years day are statutory bank holidays and not to be taken out of your annual leave.
01:46 Sat 21st Dec 2019
// Yes you really need to have your job description evaluated - it seems like Topsy - it's just growed and growed.//
and amongst - not this thread not this thread - all the "foos" and "does its"
and "what dat means dens"
and arrant rubbish like 'muslims can eat pork' o god
there grows a little quote from Uncle Toms Cabin - Harriet Beecher stowe
aaaah hooda thought?
topsy was a child slave I think
and amongst - not this thread not this thread - all the "foos" and "does its"
and "what dat means dens"
and arrant rubbish like 'muslims can eat pork' o god
there grows a little quote from Uncle Toms Cabin - Harriet Beecher stowe
aaaah hooda thought?
topsy was a child slave I think
Thank you for all your replies, very helpful.
Just to clarify, the sun in my eyes relates to the low winter sun, it isn't a problem in the actual summer.
I am not allowed to leave the reception area to take a 20 minute break, hence my not getting one, but I will certainly phone ACAS about this point.
And yes, companies can make you take Bank Holidays out of your annual allowance, it's just incredibly mean.
Just to clarify, the sun in my eyes relates to the low winter sun, it isn't a problem in the actual summer.
I am not allowed to leave the reception area to take a 20 minute break, hence my not getting one, but I will certainly phone ACAS about this point.
And yes, companies can make you take Bank Holidays out of your annual allowance, it's just incredibly mean.
With apologies to Sallyann - I hope you get this sorted soonn and your Op goes well x
The full quote in context is rather lovely and not at all offensive.
https:/
The full quote in context is rather lovely and not at all offensive.
https:/
Bloody glad you don't work for me.
With the exception of the operation (and even then you state they've "asked" you if you can move the date, they've not told you to move the date), nothing else in your post seems unreasonable from the employer's point of view.
You state you like the job, but are complaining that what was a "...very quiet reception role..." now involves additional work, and are wondering if this, together with some other trivial bits, are grounds for constructive dismissal - of course what you actually mean, by wondering whether you have grounds for constructive dismissal, is do you have grounds for compensation.
You will probably find your contract allows your employer to require you to take on reasonable additional tasks as they see fit.
Just leave.
If I were your employer I would vigorously defend any ET1.
To answer your question - based on the trivial items you are complaining about, no, you do not have grounds for constructive dismissal.
With the exception of the operation (and even then you state they've "asked" you if you can move the date, they've not told you to move the date), nothing else in your post seems unreasonable from the employer's point of view.
You state you like the job, but are complaining that what was a "...very quiet reception role..." now involves additional work, and are wondering if this, together with some other trivial bits, are grounds for constructive dismissal - of course what you actually mean, by wondering whether you have grounds for constructive dismissal, is do you have grounds for compensation.
You will probably find your contract allows your employer to require you to take on reasonable additional tasks as they see fit.
Just leave.
If I were your employer I would vigorously defend any ET1.
To answer your question - based on the trivial items you are complaining about, no, you do not have grounds for constructive dismissal.
DeskDiary I work on a busy front reception desk. There is nowhere to go because if I did go into the canteen or the break-out area there would be nobody to let in the visitors, couriers or answer the phone. Nor are we permitted to leave the building. In other words, this 20 minute break is permitted but not permitted.
^^^Yep, you've confirmed you don't have a case for constructive dismissal.
There's a canteen (previously you said there was nowhere for you to go), you've said you're allowed a break (TCL was wrong - although getting him to admit he was wrong would be nigh on impossible), but it seems to me you choose not to take your break.
My advice, as an employer, is that you stand no chance - and I've been through a number of employee disputes.
The ET service is very valuable for people who have been wronged by their employer.....but you haven't been.
There's a canteen (previously you said there was nowhere for you to go), you've said you're allowed a break (TCL was wrong - although getting him to admit he was wrong would be nigh on impossible), but it seems to me you choose not to take your break.
My advice, as an employer, is that you stand no chance - and I've been through a number of employee disputes.
The ET service is very valuable for people who have been wronged by their employer.....but you haven't been.
DESKDIARY, I have no idea why you think I don't admit to mistakes. I make errors just as others do but I'd like to think not as many as some and when I do, I will admit it
If someone is allowed to have a break in a canteen but is expected to let folk in at reception and answer the 'phone, it's not a break is it?
It would be helpful to know what advice (if any) has been given by ACAS.
If someone is allowed to have a break in a canteen but is expected to let folk in at reception and answer the 'phone, it's not a break is it?
It would be helpful to know what advice (if any) has been given by ACAS.
Your first paragraph TCL - fair enough - I genuinely apologise.
I've wronged you, and I accept that I've been unfair. In my defence (if I have a defence) I've probably confused you with some people on this site who will never, ever, admit when they are wrong. Diddlydo springs to mind.
Anyway, back to the question....you can attempt an ET1 and it will cost you nothing (since the ridiculous decision by the Govt to abolish the charge), but trust me on this....you will lose, and ultimately it will be your fellow employees who will lose because the company will have to spend money to defend spurious charges which could otherwise be re-invested.
Still, it's you choice at the end of the day.
I've wronged you, and I accept that I've been unfair. In my defence (if I have a defence) I've probably confused you with some people on this site who will never, ever, admit when they are wrong. Diddlydo springs to mind.
Anyway, back to the question....you can attempt an ET1 and it will cost you nothing (since the ridiculous decision by the Govt to abolish the charge), but trust me on this....you will lose, and ultimately it will be your fellow employees who will lose because the company will have to spend money to defend spurious charges which could otherwise be re-invested.
Still, it's you choice at the end of the day.
