MegaSack DRAW - This year's winner is user - rgwb
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Go on, pretty please... 🙂
The concept of constructive dismissal seems quite obvious but also pretty woolly at the same time - employer unilaterally changing the job of the employee. From Wikipedia, it's
.constructive dismissal, also called constructive discharge, occurs when employees resign because their employer's behaviour has become so intolerable or heinous or made life so difficult that the employee has no choice but to resign
But how does one prove it? Is it generally used more as a stick to wave around to achieve compromise with the employer? What ARE the proof points needed??
Is it generally used more as a stick to wave around to achieve compromise with the employer?
a compromise agreement can often be a very acceptable outcome
The one piece of advice I would give is to make sure that you have recorded complaints at HR via the official process before it gets to a crisis point.
if they want you out, then they will succeed, just by moving the goal posts, finding fault, transrfering you to another work place, or just making life difficult in work.
Is it generally used more as a stick to wave around to achieve compromise with the employer? What ARE the proof points needed??
Yes, and it depends on the facts.
Speak to ACAS or a lawyer and negotiate a way out.
Difficult to prove conclusively, but tribunals can eat up time that managers could best use on the business. Good documentation is key to laying the groundworks for a successful compromise. As cynic-al says get advice from your own or the unions lawyers.