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Is this constructive dismissal?

(7 Posts)
GreenPencilz Fri 25-Nov-16 15:02:47

Posting for advice really. I'd not considered that my situation was anything legally untoward - unpleasant but not illegal or worth following up.

At my last company, there was a department wide restructure annouced. My job was to be deleted and merged with another. I was told that I would need to interview for this role, as would the other manager as the new role was significantly different to the old ones.No one was to be automatically transfered to the new role. All fine. However, my manager made it fairly obvious that she favoured the other person getting the new role. I decided because of this and experiences in other restructures, that I would leave. The restructure was formally announced, and I handed in my notice. Employer paid me a lump sum - but not a redundancy payment as I was resigning and not being made redundant.
However, I've since learnt that the restructure wasn't completed. The other person has carried on in the original role - and someone has been backfilling my previous role.
I think because I left of my own free will, that there isn't a case of anything untoward. But others that I've discussed it with, think that I've been treated unfairly, as I was essentially pressured to resign - and now the new role doesn't exist and it seems that my old role is continuing - all be it under a slightly different name.
Any thoughts?

LIZS Fri 25-Nov-16 15:08:40

If the position was ultimately never made redundant it sounds as if you jumped the gun by resigning when you did.

Ineededtonamechange Fri 25-Nov-16 15:34:22

I would suspect that it isn't constructive dismissal because restructures are generally done as consultations and they may have had evidence/an argument that it wouldn't work and that is their justification for not continuing. Had you stayed for the consultation process you would have known that.

GreenPencilz Fri 25-Nov-16 20:57:35

Sorry I wasn't clear. The consultation ended when I was still employed. And the new structure announced with just one position rather than two. But then I left and the new structure seems to have been forgotten e.g. variations of my old job titles being used and apparently two jobs.

Loraline Fri 25-Nov-16 21:11:25

What would have happened if you'd stayed and not got the new role? Been made redundant I assume? Definitely sounds like you jumped the gun by jumping before you were pushed. Not sure you'd have much of a case

daisychain01 Sat 26-Nov-16 15:25:30

Atticusclaw2 is always great at these ones, as they are an employment lawyer.

My understanding is that constructive dismissal is

A/ very difficult to prove
B/ tends to be based on the employer contravening an element of the employee's contract to the extent they have no alternative but to resign.

I think you may find that your resignation was not because you had no other alternative. You should have stayed and gone through the interview process after which, if the other person was successful then they would have made you redundant because one of the roles had been eliminated.

There is nothing to stop the company changing their mind about the restructuring. They could argue that trading conditions changed and they reappraised the situation. They don't have to justify that

daisychain01 Sat 26-Nov-16 15:29:07

Maybe lesson learned, never give up a role unless you want to leave, and / or have something else lined up.

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