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I would appreciate anyone's thoughts on the decision I have to make about going down the constructive dismissal route.

I am currently still employed but am on long term sick with anxiety and work-related stress. Having exhausted the company's grievance procedure I am now left with the option of returning to my old job that has caused my stress or taking up a new position which, while still being on the same pay at the moment, I feel is effectively a demotion. I don't think I can do either. I have not yet resigned as I don't know how it will affect my benefit claim, and I think it sounds more appealing for any potential new employer to think I am still in employment at the moment. I am effectively in limbo.

Is there a time limit on claiming for constructive dismissal? Obviously I haven't resigned yet, but the last meeting I had with work was on 29th June, where the options to return were laid out for me.

I also feel I have been badly let down by my union and am undecided as to whether to make any complaint about this. Does anyone else have a similar experience with their union?

Finally, would it be worth me requesting a copy of my personal file from work, as I have not seen it, just to check what entries have been made about the whole situation?

Any thoughts would be welcome. Thank you.

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Hello there. I remember your name on the forum. Have you made other posts about your work problems, or am I imagining that?

 

When you talk about constructive dismissal, which aspect of the employer's actions do you mean? I see you feel you're being offered a demotion but on the same salary. That could be seen as the employer trying to make adjustments to your working position to reduce the stress on you.

 

Can you tell us why you don't think you can do the new job please?

 

HB


Illegitimi non carborundum

 

 

 

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Do you have any underlying health conditions that would be covered under the Disability Discrimination Act? Clinical Depression, for example?

When would you say the last incident occured that has caused your circumstance?

If you were claiming CD for an act of unlawful discrimination, for example, you would have 3 months from when the last incident occured.

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Hi honeybee, I have posted before about my problems. I've since spoken to CAB and I have a meeting with them on Tuesday. The adviser asked me to seriously consider the constructive dismissal option before the meeting.

The new job that's been offered is working for a colleague who is a bit of a bully, to be polite about it. I went back to work in this job in December and lasted 2 days before breaking down and having to go home again, as I was still a bit fragile at the time. Obviously, I'm reluctant to point this out to my manager as it would just seem like me causing trouble. The job I had before was running my own small office on my own.

My grievance centred mainly around health and safety issues on site and problems caused by a colleague.

I have no underlying illness, it is all due to the stress caused by this colleague, and with returning for a few days in December, it will be a long while before I've been off again for over 12 months.

As I'm now claiming benefit for the time being, and looking for a new job/ considering returning to college, I've just been sitting on the whole thing. I know it's petty but I don't want them to feel they've got away with it if I just quietly resign and walk away.

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