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Constructive Dissmissle


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Mungler - What's the cap on unfair/constructive dismissal compensation nowadays. Used to be £55K didn't it. Is it more now?

 

Well, if that's correct, it doesn't seem worth suing myself. Still gonna keep touching me bits though :good:

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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?

 

Indeed. There is a crowd called Quality Solicitors (which as a name is up there with 'Honest John's Used Motors') who are chucking out no-win-no-fee claims at the moment like confetti on some incredibly spurious grounds on the basis that employers wil just chuck a few quid at it to make it go away. Many do.

 

EDIT: Fatness.

Edited by Thunderbird
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Keep a record, keep a record, keep a record because IF at some point you need the information it will help your case. It doesn't need to be anything special. Just a notebook where you record time and date of events, roughly who said what and so on.

Also dig out any documents you've had on performance and expectations you been given, or been party to, over the years and especially your current performance reviews.

Be realistic about yourself and how well you've done your job.

And as said above, get some quality advice on process and procedures.

If you are anticipating them getting you out know the procedures for your company - they should be available to everyone.

None of this needs to be discussed with your employer at this point in time. And don't threaten them and don't discuss with "mates" at work.

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Take no advice from anyone on here is good advice.

However, it’s worth reading what people say as it’s a different perspective and might help you consider things.

This is a forum for posting opinions and musing – if not legal advice.

 

The first thing I’d say is that you haven’t left the job – so you can’t make a claim there yet.

 

It seems from what you have written that you’re still in charge of the office, but they have bought in someone new to be in charge of the factory.

You haven’t been demoted, they have just re-organised the business.

That sort of thing happens all the time.

 

If you plan to quite over the restructure then you might want to speak to your manager and find out what’s going on before you ask about it on an open forum.

 

 

Lastly – it’s probably worth investigating what you would get if you were successful in a constructive dismissal claim.

Something similar happened to a mate of mine, he was made redundant and month later they employed someone new in his role – he got some legal advice and sued.

He got one months wages as compensation.

A nice lump of money – but barely worth all the hassle and ill feeling – especially if it ends up being a factor that gets in the way when you look for a new job.

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If you are on the same money after the re-organisation then there is little to worry about other than say, loss of face, and curtailed promotion prospects. Don't resign and then wait for the case to be heard at an ET. Unless you can walk into another job on the same money, stay put.

 

Any ET will assess whether you have mitigated your loss of earnings from the defending employer by trying and getting work elsewhere.

 

This is not the climate to give up a job.

 

I lost face in the 90's when I didn't get the top job in my discipline when we merged two divisions. My division represented 90% of the business, but the time server in the same job in the other division was older than me and had more years with the company. I threw I hissy fit and left and "really showed them" (ha ha). I got another job pretty quickly, But I really loved that job. Three month's after I left the other guy quit because he found the role too demanding. If I had stayed put I would have got what I wanted and a payrise to boot!

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If you are on the same money after the re-organisation then there is little to worry about other than say, loss of face, and curtailed promotion prospects. Don't resign and then wait for the case to be heard at an ET. Unless you can walk into another job on the same money, stay put.

 

Any ET will assess whether you have mitigated your loss of earnings from the defending employer by trying and getting work elsewhere.

 

This is not the climate to give up a job.

 

I lost face in the 90's when I didn't get the top job in my discipline when we merged two divisions. My division represented 90% of the business, but the time server in the same job in the other division was older than me and had more years with the company. I threw I hissy fit and left and "really showed them" (ha ha). I got another job pretty quickly, But I really loved that job. Three month's after I left the other guy quit because he found the role too demanding. If I had stayed put I would have got what I wanted and a payrise to boot!

 

Be honest, would you have taken the job having been passed over in the first place ?

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