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Case for constructive dismissal? What to do next?


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Hello I work as a play worker and have been running my own room for 12 months. I have play work level 2 qcf. I've just been told we have an upcoming inspection and I cannot run that room anymore as I'm not qualified enough. I was fine to do it for the past year but not now? My manager has said I can work in another room in nursery providing I do my early years meaning i have to pay £360 or I'm out of a job. Do i have a Case for constructive dismissal?or is that it out of work? Thanks in advance! X

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Can we start with what your contract says about required training or the role please; and have there been any changes in legislation since you started?

 

Also how long have you worked there; and are you employed or self employed?

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Hi I'm employed, have been there 14months and no changes In legislation. She knew when she hired me that I wasn't qualified to the role. No issues with my work as we have meetings every month to discuss it. She's been more than happy with me in my role until we found out inspection is due. Thanks for replying. I have a contract but need acopy I will try and get one tomorrow.

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Legislation has changed recently in this area whereby the EYFS (Early Years Foundation Stage) Level 2 was being 'phased out' which would make Level 3 the lowest grade counting against the Adult : Child ratio.

 

I wouldn't give up, if you have gained level 2 then you should be able to continue working while studying towards your level 3. Your local council are likely to offer a 'bursary' which pays the local college direct for your study course.

 

Good Luck

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Have you checked with your local council to see if they offer a grant or other funds to complete your course? Most seem to offer this.

 

The hardest part in getting the funding from the council's and onto a course seems to be having a 'practical work placement' but you seem to have that one covered so it would be worth investigating before you give up on your chosen career :-)

 

There are also companies that offer apprenticeships but again my knowledge is covering the EYFS but that doesn't mean they don't cover the PW that you are working towards, it wouldn't hurt to ask.

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I'm too old for an apprenticeship she told me this. The same happened to my colleague last summer. Running her own room until last week of summer hols then suddenly she is no longer qualified enough and that was it. I'm afraid I'm doomed. Only found out fri afternoon, council etc all closed over wknd so I will try tomorrow but I'm not optimistic.ore worried bout food on the table for my son to be honest. What a mess. Thank you though. She's got someone lined up to replace me so I will offer agin the PW level 3 and see If she answers me x

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Check with your local council for the bursary and college placements before you give up!

We have ladies who are in their 30's studying towards their Level 3 :-)

 

I will leave the HR advice on your constructive dismissal question to the more experienced contributors here.

Good luck either way!

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If she's saying you're too old without legal backing, you could also have a direct age discrimination claim...

 

Anyway - I don't see a Constructive Dismissal here quite yet. You have to resign as a result of your employer's breach of contract to bring that claim. It is however possible for your employer to dismiss you for a fair reason here, namely illegality, but they need to explore potential alternative roles for you first. Dismissal should only happen if there are no other alternatives.

 

Would it be possible to find the £360 level 3 qualification yourself? It sounds like they have offered you a role elsewhere which makes your employment lawful, so I'm not sure they've done anything wrong. That means that if you do resign and claim constructive dismissal on the basis to a change in your role, the Tribunal may well find it to be a fair dismissal as your employer had no alternative but to move you as to keep you in the current role would be illegal.

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Hi thanks for replying. Nope no chance of me finding the money. I don't want to do early years. I love my role as a play worker. So now I'm not qualified enough do I stop doing everything and just work in the room? No invoicing no running the room things? She's gonna get quite angry if I just stop but I can't help feel If I'm not qualified enough to stay in the room then I'm not qualified enough to help her run it. I just don't see what's changed. She lied last year saying someone else ran the room for inspection purposes.

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You don't have to do the EYFS, you should be able to do the next level in your chosen qualification (PW) which should then enable you to continue with your current employer and meet the needs for the legislative requirements at your centre. In my opinion it would be worth exploring! If you get the information on this and take it to your manager it shows initiative, she may even offers an alternative solution.

 

If you answer Emmzzi's questions at post #3, I'm sure she will be able to help as she really knows her HR stuff :-)

 

Your personal contract is important for you moving forward with this, our contracts actually state "to partake in further training as required to fulfil the be brought into line with government legislation"............ or words to that effect. Apart from any Ofsted changes there are always refreshers required in other areas like 'Food Hygiene' & 'First Aid'. Your contract MAY state similar!!!

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