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Where is the line between being badly treated and constructive dismissal?

3 replies

CulturalBear · 24/09/2014 10:02

Since returning from mat leave, my role has been significantly downgraded despite having an increased level of responsibility.

Due to staffing issues, we have no manager. When I returned we had a staff of 3.8, with all of us on the same level, including my mat cover, who has been kept on because of the staffing issues.

The temp was herded out shortly after - was making major errors. Then the 0.8 (who was nominally in charge) got a secondment elsewhere leaving us short on manpower. While I was off, a series of special measures were introduced to our department as a result of errors made by people who are no longer working here.

These errors are actively obstructing us from fulfilling our duties because they mean we are now routinely missing deadlines because of a nonsensical sign-off procedure which can take anything from 2 hours to 10 days.

I had a direct channel of communication with the CEO before leaving - essential to do the job - and had a good relationship. This has now vanished under the cloud of the serious errors made by other people, and I am being personally excluded from matters of high-importance which are my responsibility (as the longest serving and most experienced member of staff) - they are instead being sent to the mat cover, who is then having to forward to me.

Other issues include being told to drop everything to service a minor request which has been deemed urgent, only for the CEO to delay the completion of the task by 10 days on the basis of his protocol not being adhered to (it was a grey area, the protocol I observed was in keeping with the actions he demanded in our last interaction). I was told he wanted changes making - they were so petty as to be ridiculous.

We have been consistently blocked from hiring permanent staff due to wider issues in the department, but it turns out our budget is being used to hire in sub-standard external consultants.

I am at breaking point. The workload is ridiculous but we cannot action much of it because of the restrictions imposed (through staffing and protocol).

Where is the line between being treated badly and constructive dismissal? This is appalling. I am desperately looking for jobs, but nothing yet. I have serious concerns that my reputation is being run into the ground and I am powerless to do anything about it.

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HermioneWeasley · 24/09/2014 13:08

The test for constructive dismissal is whether the employer's actions go to the heart of the employment relationship - almost the employer committing gross misconduct. While I have huge sympathy with what you've said, I'm not sure THAT IMO it satisfies that test. Good luck with the job hunt

madamemuddle · 24/09/2014 14:52

I don't think you have a case for constructive dismissal.

I would get out of there, personally. It sounds like you are on a hiding to nothing.

CulturalBear · 24/09/2014 17:04

Thanks - I figured it fell just short. There is a potential exit away from the role coming up soon, if not away from the organisation altogether.

I just needed to have that definite no so that I don't just walk out one day!

Much appreciated.

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