Constructive Dismissal

[alanarmo]

I am a class 2 HGV driver. In January this year I resigned from my post, driving for probably the worlds biggest communications company.
I resigned as I felt I was being cornered by the companys management, and forced to take on a role against my wishes.

I was very happy in my work, performing above and beyond the call of duty most days, often working hours unlogged. I was happy enough to do this as I took pride in our depot running smoothly.

The problems arose when I was informed by management that my driving duties were now to include operating a Moffet. The Moffet is a fork lift attached to the rear of your vehicle. As I had passed an "internal" fork lift test, they took it upon themselves that I would progress to operating the Moffet. I told management and supervisors of my concerns but they told me in no uncertain terms that I had no choice. Thy left me no option but to resign. This I did with a heavy heart, as I had worked hard for the company as an agency driver before I was taken on as an employee, and I enjoyed my job emmensely.

An important point to note is that I would have considered operating the Moffet as long as certain lifting practices were omitted, ie, unloading stillages of 6m plastic ducting from a truck with a clearence of 6" either side, on building sites with un even ground. The stillage weighing .25 t

Any advice or help would be appreciated. Thanks.

[Buenchico]

Irrespective of whether the reasons for your resignation did, or did not, amount to 'constructive dismissal', it's too late to do anything about it now.

Quote:
"In unfair dismissal claims you must make the claim to a tribunal within 3 months of being dismissed".

Source:
https://www.gov.uk/dismissal/what-to-do-if-youre-dismissed

[woofgang]

Are you a member of a union? This sounds quite specialist stuff and in order to prove constructive dismissal, you would have (IMO) to prove that the company were requiring you to do things that the HSE consider to be unsafe or bad practice.

[fiction-factory]

Even if you were within time I don't think you would have much of a case, alan. Most jobs change incrementally each year or so and over a period of say 10 years many roles have changed considerably as a result. I think the change would have had to be significant- maybe changing from 100% driving to say 40% driving, 10% office admin and 50% forklift truck driving.
You might also have a case if you had tried to raise any health and safety or other factors you felt were key and they wouldn't let you have a say

[alanarmo]

Thanks for those replies guys.
Sorry, constructive is the wrong term and I suppose unfair is as well seeing as I left of my own accord. I just felt cornered and badly treated after giving 100% service and more!

[bednobs]

regardless of wht terminology you ue, you are too late

[fiction-factory]

Constructive dismissal would have been the right term I think although you would perhaps had to have evidence that you tried to discuss it with the company and made it clear that it was a possible 'deal breaker' for you

[alanarmo]

Yes thanks bed nobs, I realise I'm too late. However, I still intend to contact senior management just to get this monkey off my back.

Fiction Factory, you're right in your thinking there. I did try to fight my corner and yes, it was a deal breaker.

[ToraToraTora]

sorry if I am being thick here but why was it such a bad thing to operate the "moffet"? I mean there are jobs I don't like at work but I can't think of one that would force me to resign.

[Peter Pedant]

yup
sorry
agree BC
you are timed out

and you are not in any of the categories of " I should not be timed out because ....... "

and if you werent ////
it is not clear if you had a case or not

you were clearly an employee ( empoyer telling you to do things and you did ) and were not self employed so the ready mix concrete case does not apply

"but they told me in no uncertain terms that I had no choice. Thy left me no option but to resign."
um yeah I think you did [ have choices ]
specifically follwoing the internal grievance procedure
before resigning



anyway - some good comes out of this
you have saved £200/h of lawyers time by asking us and not a solicitor


Huge body of law on CD
and only 2% are successful apparently

[Peter Pedant]

o God I wish people wouldnt put as a title Constructive Dismissal
and then in the text - o well it isnt really


actually it would be your only head of claim as you resigned yourself and so cannot be unfair dismissal or wrongful dismissal ( as you werent erm dismissed )

" after giving 100% service and more! "

well I can see your employer saying no it wasnt 100% as he wouldnt do the moppett thing

anyway I hope you got a job elsewhere quickly

[Old_Geezer]

Just a personal opinion, but without a union to agree your case and fund the legal process, it is high risk. Justice costs so if the company digs its heels in and becomes uncooperative, and decides it need not treat employees well, then you are pretty much out on a limb.

At least that is the impression I got when speaking to a solicitor when I had a not dissimilar situation recently. Employees put up with whatever change of job conditions are thrown at them or they can clear off, because they have no importance and deserve no care no matter what they may have contributed in the past. It's only what they are prepared to put up with in the present that matters to the management.

Feel free to contact your ex employer/management if you think it will help, but I suspect it'll just cause you more frustration. Decide what you want to do then put it behind you. Don't expect life to be fair.

[Old_Geezer]

Of course most of that is academic for you now, 10 months later.

[alanarmo]

Peter Pedant, are you answering two people? ready mix case?

Anyway, for your information it's Moffet not moppett. To be precise, it's actualy Moffett. Also, don't think for one minute the " after giving 100% service and more! " is me blowing smoke up my ar*e, those were the words of one of my senior managers on recieving my resignation. This was a case of not feeling safe or confident on when operating this machinery. I had other peoples safety in mind not just my own.

[Peter Pedant]

PP are you answering two cases ?

answer - yup as ever multitasking ....

ready mix case is Ready Mix Concrete v MOPNI
and is here
http://www.hmrc.gov.uk/manuals/esmmanual/esm7030.htm

and is the leading case on - whether you are employed or are self employed with a contract for services

well this is the law thread

and in mu opinion - - you were clearly an employee ....

in whcih case you have to do as your employer says
moppett or not

[murraymints]

alas constructive dismissal is very very difficult to prove..there will also most likely be a clause hidden in your contract of employment which states..any other duties as required

[twix123]

Although you're out of time as far as a claim for constructive dismissal goes, did you ask for, or were offered, further training on the use of a moffett especially with regard to safe working practices?