Employment Problem

[1PrincessPink]

If I ask for a compromise agreement, will this stop me from later claiming constructive dismissal?

[Eve]

More than likely, the idea of a compromise agreement is to agree the terms of you leaving the company, i.e. with your sides' agreement which is hardly consistent claiming constructive dismissal.

It would usually be specified in the agreement that you cannot bring any further claim.

[factor-fiction]

I endorse Eve's answer

[1PrincessPink]

I asked for one and it was refused.

[1PrincessPink]

should I now resign and apply to a tribunal for constructive dismissal. My company has made my job impossible by allowing me to be harassed by bullies in my office, but not taking my complaints seriously. I really want to leave.

[factor-fiction]

Thanks for the clarification- I wrongly assumed a compromise agreement was being drawn up.
How long have you worked there, princess?
Have you tried to follow the grievance procedure?

[Eve]

Getting proper legal advice about claiming for constructive dismissal or other employment claims on your own personal circumstances may be a wise move before you leave so that, if whether you could claim or not would affect your decision, you know the score.

ACAS may be able to give some general advice but it's not clearcut, don't assume you can make a successful claim without doing your own research and/or getting legal advice.

[1PrincessPink]

5 years. The grievance procedure found that my complaint was not upheld. There is favouritism and I am not one of the "in group". The bullies can do pretty much what they want. I asked for a compromise agreement because I know I will not be sacked. I am good at my job. The company does not want to know about problems.

[factor-fiction]

It is a risk- you may not succeed and I'm not sure how much compensation you could get. It also doesn't impress prospective new employers if they find you have taken a previous employer to a tribunal

[1PrincessPink]

I don't care about new employer's opinions really. I am really unhappy now. I have high skill levels and am highly qualified, but I feel as if I am in a playground fight every day.

[factor-fiction]

So have you considered just leaving?

[woofgang]

OK I know it shouldn't be so, but consider what claiming constructive dismissal will do for your career future. Yes I know that the company who you are leaving can't overtly give that information in a reference but references can be "read between the lines" and however undeserved, if there is a hint that you might be "trouble" then future employers may want to steer well clear and, lets be honest, the employment market at the moment is giving them plenty of choice.
Unpalateable and un PC advice I know but its something to consider.....

[murraymints]

It is very difficult to prove constructive dismissal......I used to be on a panel considering them...very very few were ever allowed ...

[1PrincessPink]

Murraymints, could you give me more information about your experience of constructive dismissal as a panel member.

[murraymints]

In order to prove your grounds for CD ..you need to present evidence..not statements of fact....even if they are true and accurate..that is all they are ..ie your version of events....if it is along the lines of bullying harassment etc your colleagues would have to corroborate and validate your say so....which is usually impossible....particularly if they are involved or in fear of dismissal...as you have already been through a grievance procedure and failed...I would not recommend pursuance of CD....it also can affect future prospects ..potential employers don't want a perceived activist / troublemaker...usually it is older..on the brink of retirement people who have nothing to lose that succeed...and then accept settlement but never return to job. Often before tribunal meets.... grin and bear it afraid...easier to get another job whilst in employment...good luck..

[factor-fiction]

There is a calculator here regarding possible compensation, although as murraymints says it's difficult to win a claim
http://www.winstonsolicitors.co.uk/constructive-dismissal-calculator.htm

[tonywiltshire]

It could be a very dangerous move, as has been said constructive dismissal can be difficult to prove. If the actions of the employer constitute a fundamental breach of a term of the contract showing they do not intend to be bound by the contract constructive dismissal can be claimed, it is a contractual test not a has the employer acted reasonably test.
One of the leading cases is Western excavating v Sharp 1978, where the Court of Appeal reversed the original decision.
You are clearly unhappy in your work position and I suggest your health may be worth more than any job.