ChatterBank1 min ago
Unfair Dismaissal
2 Answers
I believe i am being constructively dismissed from the position of team leader in a research centre. Can i resign and claim unfair dismissal or do i have to accept what my employer offers me instaed when i attend the meeting. Which i instigated by writing to them.
Answers
Best Answer
No best answer has yet been selected by Barrea. 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.it may be that that position is no longer available. if that is so they have offered you an alternative position they are not sacking you, you must accept that, or leave of your own free will with no comeback for the company. as they have offered you another job. it happened to me, when i returned from holiday, everyone new before me.bite the bullet and take the job. unless your job is given to someone else, then you have a right to a reason for the demotion.
Your terminology is muddled.
Constructive dismissal occurs when an employer fundamentally breaks a contract. The employee resigns then claims he was constructively dismissed. Its a way to try and extricate money back - its not a way to get the job back.
They may be saying the job is redundant however, instead of making you redundant, they are offering you an alternative position under different terms. You are not under any obligation to accept and you could ask what the alternatives are - one of which might be redundancy.
Constructive dismissal occurs when an employer fundamentally breaks a contract. The employee resigns then claims he was constructively dismissed. Its a way to try and extricate money back - its not a way to get the job back.
They may be saying the job is redundant however, instead of making you redundant, they are offering you an alternative position under different terms. You are not under any obligation to accept and you could ask what the alternatives are - one of which might be redundancy.