Constructive dismissal claim

[Winnerwinnerchickendinner123]

Hi all,

this is a long one so please bare with!
I work as a prison officer.
Last year I was sacked for gross misconduct, it was related to a restraint and they sacked me for using a hold which isn’t approved. I argued that I felt my life was at risk and it was for a short period of time, but at the ‘panel’ I lost my job.
I appealed this decision and ultimately it was overturned, with the panel making very strong remarks about the way the entire investigation was handled.
They overturned my dismissal in full and directed my employer to take me back on. I was not even given a warning for the incident as part of it being overturned.

I was backdated full pay and told that they would provide me with training dates so I could start work again. I had very recently started a new job following my sacking many months ago, which had completely ruined my life. Ruined my credit and I couldn’t get a job in the same sector due to the nature of the sacking and the fact they referred it to the DBS service.
I left the new job I had started, in preparation to take back my job.
A few weeks ago I met with them and they said they had decided I was not suitable for the role anymore and they are not prepared to take me back on. They want to redeploy me in a complete other area (a desk job - not suitable for various reasons). I am angry and upset as I absolutely adore my job, it’s my vocation of many years and I want to return to work.
Does anyone know if they can decide to redeploy me, and whether I would have a case for constructive dismissal?

You could if you walk away. However, if you get another job your loss will be minimal. What do your union say? Ask them for written reasons for re-deployment in case you need them later.

I think you should just take the other job offered. But you should ask for written reasons for your redeployment. Also take advice from your union about the chances of getting your old job back.

What have they stated are your reasons specifically for redeployment?
If your dismisal was overturned at appeal and no disciplinary sanction was issued in its place, then no, they can't just redeploy you to another role without your agreement or some kind of consultation.
You need to get the reasons for your redeployment in writing and then follow your internal grievance processes to appeal this.
You would be claiming constructive dismissal after you have left your role, but i would recommend you don't resign. If the outcome you want is to go back to your original role you can raise a claim via employment tribunal for unfair treatment while you are employed. You will have to go through mediation with ACAS first tho. You need to speak to Acas as soon as you can for advice.

Have the DBS placed you on the barring list?

Constructive dismissal cases are hard to win. You need to take proper legal advice if you are thinking of going down this route.

However, before getting that far, they are, in essence, putting two fingers up at the panel that overruled your dismissal. They should not redeploy you in another role. Where is your union in this? Can they help?