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Help please if anyone knows about constructive dismissal

6 replies

buzyalittlebee · 21/03/2015 10:04

Hello I'm new so scream at me if I'm not doing wrong!
My daughter is about to embark on an unfair dismissal case or rather change of employment. Can anyone give advice and do you know a good employment solicitor if we end up needing one. I only say we because she is so down and troubled that I have offered my support.
In a nutshell after her 6 month probationary period ended, 30 days later actually. She was demoted on the spot and told that she had to hand over to the person taking the notes at the review there and then.
Not one bad thing in 4 years service, not one day sick, only praise until Christmas when someone else took over her area. No support at all, no feedback only obstruction. Lots of evidence on emails SHOUTING and no replies to her Management team when requesting help.Those who should of been supporting her actively ignored her calls and emails.
Any advice would be very much appreciated. Thank You!

OP posts:
flowery · 21/03/2015 10:08

Sorry can I clarify, has she been there 7 months or 4 years?

buzyalittlebee · 21/03/2015 10:22

Hi She has been with the company 4 years, promoted 3 times and this role was an Area Manager role that she has been doing now for 7 months.

OP posts:
flowery · 21/03/2015 17:55

When she was promoted was there anything in writing about being able to put her back to previous level following probation? Was she told she has passed this "probationary period"?

HermioneWeasley · 21/03/2015 17:57

We need a bit more info - what happened after she was demoted? What did the demotion involve - loss of salary? Had she been on some kind of trial or probationary period for the new role? Was she demoted to the role she was doing before the promotion?

Basically a timeline of events and facts will help us advise.

CurlyWurlyCake · 21/03/2015 23:03

Was she given a letter to say she had passed probation?

OllyBJolly · 21/03/2015 23:11

Does she still have a job? If that's the case then it's unlikely constructive dismissal will apply. It is notoriously difficult to prove constructive dismissal; in a nutshell it's when the employer has breached the employment contract and made it impossible for the employee to continue to work. If she has returned to her previous role then she has not been constructively dismissed.

What was the review for? Did she actually pass probation or was this a review of probation period? Or was this a "delayed" meeting?
What were the reasons given for the demotion?
What job was she demoted to?

I can understand she might be very upset that the promotion didn't work out, but that in itself is not grounds for constructive dismissal.

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