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Does "constructive dismissal" apply in probationary period?

(5 Posts)
Wearegoingtobedlehem Mon 08-Aug-16 07:34:07

I'm in an odd situation ( well odd to me). New job in very small organisation, and being bullied by one individual. Things have come to a head and they say they won't work with me. so I'm concluding that I resign? But is there any point in me considering the unfairness of it all?

HermioneWeasley Mon 08-Aug-16 07:36:34

In the first 2 years your can't claim unfair/constructive dismissal, so if the situation is that bad you'd be best off resigning and looking elsewhere. I assume as its a small business there's no point addressing the bullying with someone?

OllyBJolly Mon 08-Aug-16 08:21:17

What you describe isn't a constructive dismissal scenario, even after the two year threshold.

For constructive dismissal, the company has to breach the employment contract with the aim of forcing your resignation. If the bullying meant you could not do your job, and the officers of the company did nothing despite you bringing this to their attention, (usually via the company's grievance procedure) then there might just be a case.
Constructive Dismissal is notoriously difficult to prove and is usually more about actual contractual breaches e.g. the company not paying wages.

Wearegoingtobedlehem Mon 08-Aug-16 08:31:43

Ah right ok, thank you both - just wanted to clarify as someone mentioned it to me. Personally I think I should just run for the hills!!!

lougle Mon 08-Aug-16 09:06:16

It's not constructive dismissal, but there is still protection for you if you are being unfairly treated because of a protected characteristic (age, sex, religion, sexual orientation, gender reassignment, disability, association with a person with a disability) regardless of length of service, and the size of the organisation doesn't release the employer from their obligations.

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