Constructive dismissal?

[Itchy]

What defines it and what do I need to prove?...

I've not been fired yet but I feel I am being pushed to try to quit so they don't have to pay any severance namely as I think the company I work for isn't exactly in a great position as many of our clients are having a big downturn and aren't paying the bills...

My issues are

That I request training for things , but it is constantly denied, absolute bread and butter things which are essential for my work, else I end up buying a book (at my OWN cost) to catch up.


Ontop of this I am given jobs which are way above my ability level to do , most recently was a job which the partner didn't understand any of it and it took him 2 weeks just to write the briefing. I natutally got stuck on this job and asked for help..

Some of the 20+ years experience types couldn't figure it out and gave up, and they have their own jobs to do...

This is the 3rd time that this has happened ie I've been given stuff that is far too advanced above my level and I get chewed out for it as not that I don't want to do them but I just don't know what to do and nobody else can figure it out either.


Ontop of this all my deadlines for jobs I can do are completely unrealistic where it took people last year the experienced ones to do it in 4 days I get given one or two at most... again getting chewed out about this....


Finally I was supposed to be moved floors so that I was given more support by others rather than having to trudge down 2 flights of stairs to ask people for clarifications and or if I've done something correct (I do often do them correct its just I lack the confidence sometimes), this was discussed at the appraisal 4 months ago I am still sat by myself on a different floor.



Is this worth persuing?

IF I get fired which seems probable since biz is slowing down alot and after tax season it goes deadly quiet.


ie scare stories about never being able to work in the industry again , though I don't want to do accountancy more than another year circumstance and situations may demand I go back into it some day.


Any thoughts?

Ta
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Spain 2008France 2007Big one 2009 We all die. The goal isn't to live forever, the goal is to create something that will. In the end, your life will flash before your eyes. Make sure it is worth watching.

[Kickstart]

Hi

Not a legal bod, so this is just my vague understanding from having done a bit of reading about it last year (was toying with dealing with my former employers like this, but decided that I couldn't face the stress of it, especially for in my case a small chance of winning).

I would suspect that none of those things would be treated as constructive dismissal. Possible that you could argue that they are all small parts of a larger picture, but I would expect you to need quite a bit more than that.

If they do get rid of you then they need to go through procedures to decide who is redundant (and it is not people who are redundant, it is the role). Failing to do so would be an easy win for a case for unfair dismissal.

All the best

Keith
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[KezzyB]

I've just been through all of this and while I am not allowed to go into detail about the case I'll tell you my thoughts on it...

I firstly had to go through the full grievance procedue with work which took nearly 9 months, then had to go to a solicitor and an employment tribunal and by god it doesn't half drag out.

All in all it took a year and a half to complete. I can't even count the amount of knives I had stuck in my back and unfortunately for me I won't be working my former industry anymore and to be honest I don't think I want to after this, hence setting up on my own now. I also certainly won't trust anyone I work with again - you'll find out very quickly that if you do this you're on your own.

Probably my biggest mistake was I didn't have a trade union rep with me through the work-based grievance procedure as I was given bad advice. (You have to go through the grievance procedure before the employment tribunal or a solicitor will get involved.) I would go and see a trade union rep straight away. It doesn't matter if you don't have one, you can join up with a union, pay your subs and they will represent you. Do a search for ACAS on the web and they'll help you out.

My advice would to be to ring ACAS up and if you're going to do it get documented evidence of EVERYTHING, starting now, as you've got one hell of a mountain to climb.

However, think very seriously about the stress it will cause you. It's in no way a quick process and really isn't a nice thing to go through.
I'm not saying it's not right for you to do it but it's in no way been worth what I've been through for the last year and a half. Think about your happiness rather that the cheque at the end of it.

Just makes me sick that these big companies can do what the hell they want and (nearly but not quite!) get away with it.

[D O G]