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Constructive Dissmissle


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Im an operations manager in a factory which has roughly 150 employees of which 120 work on the factory floor and 5 or so in the office who answer to me.

some of my responsibilities are ensuring deadlines are met, employing staff, holidays etc.

today I have been told that as of monday the factory is no longer my responsibility as there is a new guy starting and thats his job

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have you got a contract

 

mikky

Do you have a job description, defining what your roles and responsibilities are?

 

I have worked there 20 years in my last role for the last 5 the last contract i was issued was 15 years ago

as for job description nothing there either

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Are they paying you the same? Have they demoted your job title (you were manager and now you are clerk for example)? If not then you won't get anywhere with constructive dismisal. All they have done is restructured their business and realigend some responsabilities.

 

Count yourself lucky that you are getting paid the same for a smaller job!

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Take no advice from anyone off here and see a brief. See an employment specialist.

 

Constructive dismissal is hard to prove - normally there is an event that is so bad and so terrible that it fundamentally and irreparably breaks the employer and employee relationship.

 

My most recent one was "if you don't resign right now I'll destroy your career". Charming eh?

 

The problem normally is that people faff about and ponce about getting BS advice off forums and mates down the pub rather than seeing a proper brief and yes, paying the rates.

 

They faff, leave it a week or so but still keep going into work.

 

The killer to a constructive dismissal claim is carrying on going to work - that shows that whatever happened wasn't actually that bad, or if it was that bad then it's been accepted by the employee.

 

The big whammy for the employee is that throwing your cards in on the "possibility" of having a constructive dismissal claim is a big big leap of faith because if a Tribunal finds that there was no constructive dismissal and the employee just left, then the employee gets nothing.

 

Who knows, there might be good news round the corner for the OP or at least a compromise agreement with a decent "TTFN" £number in it.

 

Tread carefully and for the love of Jeff, see a brief - see a decent one too. If you talk quickly you can keep it to under £500 probably. Oh, and the ones that do half an hour for free to hook you in etc.... question, when was the last time you got something of any value for nothing?

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Take no advice from anyone off here and see a brief. See an employment specialist.

 

 

Very good advice!

 

I recently left my job of nine years (last week in fact) due to the way that the company had been treating staff. They didn't want me to leave, so they were as much of a pain as they could have been, even stopping my final salary knowing we have a five month old baby to take care of. Most home insurance policies will have cover for contractual disputes with employers but "it's free" and as such you will get very basic advice, try there first and then if you still want to continue, try CAB and go from there.

If you want my advice, right now you are angry at your employer and feel silly and undermined with the staff, your emotions and morals can lead you in to difficult waters, sometimes you will sink! Think long and hard.

 

John

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Take no advice from anyone off here and see a brief. See an employment specialist.

 

Constructive dismissal is hard to prove - normally there is an event that is so bad and so terrible that it fundamentally and irreparably breaks the employer and employee relationship.

 

My most recent one was "if you don't resign right now I'll destroy your career". Charming eh?

 

The problem normally is that people faff about and ponce about getting BS advice off forums and mates down the pub rather than seeing a proper brief and yes, paying the rates.

 

They faff, leave it a week or so but still keep going into work.

 

The killer to a constructive dismissal claim is carrying on going to work - that shows that whatever happened wasn't actually that bad, or if it was that bad then it's been accepted by the employee.

 

The big whammy for the employee is that throwing your cards in on the "possibility" of having a constructive dismissal claim is a big big leap of faith because if a Tribunal finds that there was no constructive dismissal and the employee just left, then the employee gets nothing.

 

Who knows, there might be good news round the corner for the OP or at least a compromise agreement with a decent "TTFN" £number in it.

 

Tread carefully and for the love of Jeff, see a brief - see a decent one too. If you talk quickly you can keep it to under £500 probably. Oh, and the ones that do half an hour for free to hook you in etc.... question, when was the last time you got something of any value for nothing?

 

Yeah yeah, whatever.

 

What about this missile though?

 

amraam-missile%20rocket.jpg

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