Grounds for Constructive Dismissal

[Overtiredbackagain]

My DH has worked for the same company for at least 8 years. He was promoted in 2015, to be a Manager to a new site. He has a copy of his original contract but cannot seem to get a copy of the variation he signed promoting him to the new site. Am I right in thinking that after this amount of time, it is deemed a permanent contract change?

Over time, the management made changes to terms of contract, no paid overtime (time in lieu - at one stage he had over 70 hours owing and couldn't take them), reduction of holiday (they decided staff needed to use paid vacation time to cover Christmas etc) which meant they went from 20 days paid plus Bank Holidays to 15 days paid holiday plus Bank Holidays or they had to take unpaid.

Due to my DH being owed so much time, he carried out his role and any requested job without complaint, he didn't receive a promised payrise, he raised the subject of a rise. They begrudgingly gave him a small rise, but at the same time increased his duties. They have now changed his site, without consultation, saying it is part of the terms of his payrise (he hasn't signed anything) and they are treating him like an untrained labourer. The management have completely frozen him out, when he walks into the office, they close their doors - they haven't acknowledged him for at least two months now. Other staff have also noticed this attitude towards DH.

DH feels demoralised, he feels he can no longer work there. To make it worse, we are moving home to be closer to the site he was promoted to in 2015, and the site he is now working at is back where we live now. We cannot cancel move because we have changed DCs schools and everything.

My DH is angry all the time, we can't afford for him to walk out, but what can we do? Someone has said its good grounds for constructive dismissal?

Please help, any advice?

Constructive dismissal cases are hard to win. However, your husband's employer has behaved very badly. Indeed, their actions over holidays are illegal - employees are entitled to a minimum of 28 days paid holiday per year (assuming a 5 day week), so that's 20 days plus bank holidays. I would suggest seeing if your home insurance includes legal cover and consulting a lawyer who specialises in employment law.

"(they decided staff needed to use paid vacation time to cover Christmas etc) which meant they went from 20 days paid plus Bank Holidays to 15 days paid holiday plus Bank Holidays or they had to take unpaid. "

Do you mean they went to having 5 paid days off due to Christmas shutdown plus 15 days paid holiday to take when they like plus bank holidays, whereas previously the shutdown paid leave was additional? In which case that still meets the legal minimum requirement, however I agree they have behaved badly.

Did they consult staff over any of these changes?

Does your DH's contract, or any letter confirming any contract variation he has ever had, specify anything about site - it would be usual for there to be the right to vary location within reason.

I spoke to ACAS, they agreed holiday issue is legal although unfair.

They said he has better case of breach on contract due to site change without consultation and also claim of non payment of wages. The issues of time off in lieu - time has to be taken same month, not in their specified two month period. So that helps.

He needs to go formal grievance route, so we have drafted a letter. This has really affected DH, but ACAS have given good advice which he wants to follow.

Thanks All x

So DH went formal grievance route. The whole interview process was unfair, I thought they had to be conducted by someone impartial? Anyhow, they have know responded to the grievance with a pack of lies and contradictions. DH has resigned (in fact he handed his resignation in at the beginning of the month, as they have made it untenable for him to work there anymore.

He still has four weeks notice to work out, but it is really starting to affect his mental health, our relationship and family home life. I spoke to ACAS today who said he should go sick for the remainder of his notice period and that he can start the process for early conciliation / employment tribunal.

We have asked for certain copies of variations and letters, some of which they refer to in their response letter, but that are now "not to hand" (they had them 24 hours ago when they referred to them and that he needs to wait until they have time for them. They are denying that the job he has actually been doing since 2015 was actually the case, ie. he was promoted to manager, they are now saying he was never a manager??

Anyhow, DH has no job to go to, so we will be massively financially hit, but looking for any advice on how we can progress this, how long the process takes through ET. I am tempted to just say walk away and be done, but they have treated him appallingly and they are doing it to other staff members now to.

Any advice?

Tribunals are taking a while to list cases at the moment so it could be a year before your DH's case gets heard. But it is free to lodge a claim and the company will know its going to cost them money to defend it so are likely to make some offer of settlement. Also, as part of the disclosure ordered by the Tribunal, the company will be required to provide you with copies of all relevant documents including contracts and variations.

My advice would honestly be for him to pursue a new role

He is seeking work, but he has only ever worked in the industry he works in now, so it will be difficult, although he is prepared to take anything. I think we just need to get him out of there and take a couple of weeks off, he won't be able to start work anywhere whilst signed off and before his notice period finishes?

Sorry posted too soon there Finding a new job needs to be his current priority.

He should also appeal when he has an opportunity to do so.

As someone up the road said check your insurance to see if there's any legal cover are provided to support you through this ACAS can advise you how to progress the claim. however I would also say that constructive dismissal cases are notoriously difficult to prove.

there will be an ACAS facilitated pre-tribunal conciliation process to follow which will be attempting to seek settlement from the employer to avoid a full tribunal first if that is unsuccessful then your claim will be submitted to the employment tribunal to schedule hearing that could be months down the line

He could start work for a new employer however he would be taxed as it was second employment and may be more trouble than it's worth.

Thanks, I think he could do with the time off to be honest, this has been escalating since the beginning of the year. Might actually also be a good opportunity to work less hours, he has been working 47 hours a week for at least the last two years, and our disabled daughter starts school in September, so he could work around her school hours, rather than us both work fulltime and need to find a childminder who can work with her disability.

So much to think about .