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how likely am i to win constructive dismissal claim

4 replies

sowhatshallido · 26/03/2011 11:05

if they say they want to reduce salary by say 2 - 5% ?

I am not sure whether to hang on at work and resign when they offer this and go for constructive dismissal, or take voluntary redundancy which is being offered.

Not asking advice on which way to go, but asking how likely a claim for constructive dismissal is to be won?

OP posts:
belledechocchipcookie · 26/03/2011 11:10

It depends on whether they are offering the reduction to everyone. Generally, a claim for constructive dismissal is very difficult to win, an employee has to prove that the relationship between him/her and the employer is past the point of no return because of the actions of the employer (ie, if the employer demanded that the employee did something illegal or faced losing their job). The resignation letter needs to state that they believe that they have been constructivly dismissed and there's a 12 month qualifying period, the employee needs to have 12 months continuous service with the employer.

I'd look at all of the options, are you elibible for more tax credits if the salary is lower? Chances of finding another job in your field if you leave?

StillSquiffy · 26/03/2011 16:15

If they are doing it widescale and it is because there is a genuine business need (ie they are struggling) then you would not win a claim on this basis.

Celibin · 06/04/2011 20:34

I went through the cd thing 10 years ago: i was told I would win not actually by a lawyer but by friends who were Managers in other fields who had been properly trained (unlike my Manager) To win clearly win you have to show employers made it so unpleasant that you could not stay or that no reasonable employee could be expected to work in these circs AND the behviour must be targeted at you personally > i.e bullying/harrassment Calling you nicknames, hiding your stuff, shouting at you /constant criticism , failure to go through agreed procedures , humiliation especially if in front of others, remarks/comments , warnings without due notice, threats , you will never get another job in this town /industry etc. You need to be able to prove it and it can be tricky to do so. But you can win because when the details emerge you realise no one could ever imagine it happening to them so it must be trueTrue cd is like a crime in a way:Is this really happening to me?scenario

RibenaBerry · 06/04/2011 21:48

It's impossible to tell from what you've said whether you've have any sort of case. As Squiffy said, if they are doing it widescale, because of a proper business reason, and with proper consultation with the employees, you wouldn't have much of a case. If they walked in and just changed your pay for no reason, that might be different.

Constructive dismissal is a very hard claim to win, as others ahve said.

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