MegaSack DRAW - This year's winner is user - rgwb
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You know constructive dismissal? Well, is there a similar rule about 'being put in a position where your only realistic option to preserve your health/sanity is to resign' ?
That [i]is[/i] constructive dismissal isn't it?
That could be constructive dismissal but could also be inability to do the job. Constructive dismissal claims are very very hard to show and that would be even harder than most
hmm. It's a job I've been doing for 15 years quite happily. Now under new ownership/management and the role is almost unrecognisable and significantly more chaotic and stressful.
Constructive dismissal feel free to e-mail me if you wish and i can give a union rep side
DOCUMENT EVERYTHING
From gov site
Constructive dismissal is when you’re forced to leave your job against your will because of your employer’s conduct.
The reasons you leave your job must be serious, for example, they:
don’t pay you or suddenly demote you for no reason
force you to accept unreasonable changes to how you work - eg tell you to work night shifts when your contract is only for day work
let other employees harass or bully you
Your employer’s breach of contract may be one serious incident or a series of incidents that are serious when taken together.
You should try and sort any issues out by speaking to your employer to solve the dispute.
How long have the new management been in place? Give it some time to settle? Are you being asked to do things / take responsibility outside your remit?
Care a little less? Its only a job. go in do your best and collect your paycheck. chill.
Care a little less? Its only a job. go in do your best and collect your paycheck. chill.
18 months this has been going on.
Giving zero f***s seems to be the best option. A bit sad though, I used to get a lot of satisfaction out of this.
Get a new job?
I resigned this time last year after 12 months of chaotic work shambles to try and preserve my sanity. Union advice was that I was better pursuing sex discrimination rather than constructive dismissal as it was so hard to prove.
I've since found Citalopram makes shit at work much easier to cope with.
I've had to get the big give a sh1te dial and turn it down a few times.
Take a break from it, go see your doctor.
I've had to get the big give a sh1te dial
AKA Going into **** it mode.
Document everything and follow proper internal processes. If you don't raise a grievance before you go, you probably won't get anywhere with a tribunal.
The counter argument to constructive dismissal is often capability - be prepared for that.
What you describe is constructive dismissal if true, but you are expected to make best efforts to resolve the problem before resigning.
If the employer couldn't give two hoots, that's possibly constructive dismissal. If you quit without formally highlighting that there is a problem, you are just a quitter.
cheers all for taking the time to reply.
🙂
Work colleague has just gone through something similar. New boss came in, they didn't get on. He had 2 options: Keep head down and get on with it, or leave. He chose the third of resisting it. He's just left the firm with what I believe is a sizeable payoff, but has undergone a horrifically stressful 6-12 months which has obviously affected his health (weight loss, stress, lack of sleep etc). If you have the mental fortitude to do the same it could be quite lucrative, but I'm not sure I'd cope with it. As others have said in the short term I'd go down the work to rule path. Turn up, be polite, don't get into any arguments, then go home and forget the lot, and repeat whilst you keep your ear to the ground for other opportunities.
And ride your bike more. If that's possible 😉
At any point have you had a performance review, had your boss come to you to say you've not been doing your job and documented it?
nope, quite the opposite. My perf reviews have always been glowing.
It's keeping things that way and the struggle to maintain my own standards that's proving stressful.
You have evidence you're performing well which kills the capability argument. You do need to raise issues with them to try allow them to fix them, if they refuse to without a reasonable cause then it gives you a better chance of proving constructive dismissal.
Constructive dismissal feel free to e-mail me if you wish and i can give a union rep side
Junky - I was once told that there is a statutory limit of £50,000 that can be claimed for a constructive dismissal claim. Is that correct?
terrahawk - Member
hmm. It's a job I've been doing for 15 years quite happily. Now under new ownership/management and the role is almost unrecognisable and significantly more chaotic and stressful.
hmm. It's a job I've been doing for 21 years very successfully & quite happily. Over time the role has become significantly more chaotic and stressful with 24/7 phone calls & weeks on call. Add in a wife with advanced secondary progressive MS that requires full time care & last week I was going to just say **** it and sort the flack out next year.
I let it be known to a similar level manager that I was struggling to cope who has put the balloon up so my boss has to do a full on stress management analysis.
geetee. You can only get your losses back after a claim and you must mitigate them. so you have to try to get another job and you will only get any salary shortfall. MOst unfair dismissal awards are a few thousand maximum.
MOst unfair dismissal awards are a few thousand maximum.
See that vexes me. How is it that you can get fired because someone just doesn't like you and there's very little you can do about it but it you can prove an element of discrimination then you'll be onto a winner? Don't get me wrong, I think that all dismissal cases should carry the same penalty to the employer.
Because as in most cases of sueing someone all you get is compensation for your losses. Seems reasonable to me. Your employer breaks the contract of employment and it costs you money - you get the money back via a legal process.
dude that's a bit shite; if you get to the complete f'it point then I'll ask about at the coop, there are usually places available for an IT PM / Service Manager etc but hope it all sorts out for you where you are
Thanks Ed, that's good to know.
Very few cases like this would ever get to tribuneral, it's where the compromise agreement finds it home generally. Both parties agree to disagree in exchange for leaving and a big cheque.
Likewise terra, sorry to hear that, I know we're always looking for IT PMs, drop me a line if you want a job spec
You know constructive dismissal? Well, is there a similar rule about 'being put in a position where your only realistic option to preserve your health/sanity is to resign' ?
Update your LinkedIn profile, tidy up CV, talk to some recruitment consultants
If you are looking at a tribunal process/ pay out then be prepared for lots of stress