Constructive dismissal?

[Pat-a-cake]

Hi, I reported a manager who seemed up to dodgy dealings in work. I was moved to another site/job as a result. The manager is still with the company. I have taken out a whistleblowing ET on this.

 

Very stressed by it all. My new manager had a chat with me about work in general. He then went away and told my company bosses that I had agreed with him to drop my ET. We had not discussed my ET - I complained and I was told that the matter was closed.

 

I took two months off with stress. I returned to work a couple of months ago and I still felt ill - I didn't know what the next bit of hassle would be ahead of my ET.

 

There were some redundancies coming up and they were looking for volunteers. I decided for (mental) health reasons it would be best if I go. I have been there five years. I left at the end of the year.

 

I feel badly done by. Can I take out a constructive dismissal case against my ex-employer even though I took redundancy - or should I forget it and move on?

[Emmzzi]

voluntary redundancy? they have a form signed by you saying you want to apply for and take VR? That's pretty much going to scupper you.

[steampowered]

Constructive dismissal claims are difficult: it sounds to me like this would always be quite a difficult claim to prove. I think you are better off with the voluntary redundancy payment, one bird in the hand is better than two in the bush after all.

[assisted blonde]

Move on and forget them its not worth dwelling on things

[so sick]

My husband was bullied at work and we took advice about constructive dismissal-it's plagued with difficulties. I'd take the Voluntary Redundancy and be glad to get away from them. Life's too short and people like that don't change.

[Pat-a-cake]

Thanks for the sound advice everybody.

 

I'm certainly glad to be away from those people. I'm financially poorer but health-wise I'm a lot richer than I have been in years! I shall put it behind me and move on.

[Pat-a-cake]

Hi,

 

I had a chat with a friend who is a union rep. and we chewed over my dismissal.

 

One thing that came out (which I didn't remember to mention here) is that when left there were no voluntary redundancies left to take.

 

All those that wanted VR had taken up the option and the company was seeking compulsory redundancies. That's when I decided I had to go. I was on the company's redeployment list - but no alternative job came up at another site while I was working my notice. VR employees do not go onto the redeployment list.

 

I signed off on a redundancy payment, but it wasn't a VR redundancy agreement.

 

I still have a few weeks yet to lodge a constructive dismissal claim - would I still have some grounds for a claim even though I took a redundancy payment?

[Emmzzi]

what don you mean "seeking" compulsory redundancies? They just do them if they are compulsory.

[becky2585]

You can't claim constructive dismissal, as you were dismissed by reason of redundancy. If that process was unfair, and it was a compulsory redundancy, you could try an unfair dismissal claim. But from your post, I think you took VR?