Meet the Other Phone. A phone that grows with your child.

Meet the Other Phone.
A phone that grows with your child.

Buy now

Please or to access all these features

Work

Chat with other users about all things related to working life on our Work forum.

Constructive dismissal grounds

184 replies

Jobque · 23/01/2025 19:54

Hi I just want some advice on this.

I have worked for my company for a long time and I was promoted into my current job without interview by a previous manager (who doesn’t work there anymore).

The job has changed as the company has changed over the years and new management. I am a manager of a team and told my managers a year ago I felt swamped at work. My team constantly interrupt me all day asking questions and it’s irritating. I asked to drop my hours and they did eventually let me but this meant I had to let someone else train up in parts of my job for when I am not there. I don’t really get on with them, they think they are better than me at my job so I just let them do their thing on their day and I do mine on my day. I don’t really like other people being involved in my job, I don’t think they can do it as well as I can but it’s good to have someone to delegate all the bits of the job I don’t like to.

I think things are fine as they are, but there has been so many changes to how we work now and I feel pushed out. I’ve kept my head down and not really got too involved but it annoys me they don’t consult with me with the decisions.

work are doing a restructure and I’ve been told that they want me doing some different things at work. It’s a bit of a different job title but a lot of the same things I’ve been doing anyway, same pay, same hours etc. I can do the job but I don’t like these changes they seem boring. I get why they are doing it, they say it’s more efficient use of my time as I am experienced but ideally I want to work less hours (cut another day a week) and stay in the same role. It also means the person I don’t get on with is going to get more responsibility and take over some of the stuff I do. My manager says I am doing too many basic jobs and as a manager I need to be contributing more to making the place run better. I do a lot of the basic jobs when we are short staffed but I just don’t think they pay me enough to step up to this new level. They asked me to trial the job I said no.

I said I don’t want the job so said I would leave. They said there is no other job at my level, just the one they want me to do but if I resign I could still come back in a different job (that is also boring) on the less hours I want, less responsibilities but with less pay, and I don’t want that one either and doesn’t seem fair. I want to keep my current job and stay on my pay level.

I told them this sounds like constructive dismissal do you think I have a case?

[Note from MNHQ - OP confirmed later on that this is a reverse - while we don't exactly encourage this kind of thing, we appreciate that posters sometimes do things this way to gain a different perspective, which we could probably all do with from time to time.]

OP posts:
pollymere · 29/01/2025 23:45

I know this is a reversal.

I'd be arguing that my job is effectively being made redundant so I'd be pushing for redundancy based on my job description. I'm not interested in the alternative position as it's too different from my current role and the work sounds repetitive and dull. Pushing me to trial the position sounds like you'd rather I shift into a job I don't want or think I have the correct skillset for rather than making my current role redundant as part of the restructure.

I would probably start using phrases such as "I don't feel you have faith in my ability" and "you're deliberately making me do tasks I don't feel comfortable with" in order to create an environment for constructive dismissal.

daleylama · 30/01/2025 01:27

Uricon2 · 23/01/2025 20:46

As an ex shop steward I had my head in my hands reading this.

You haven't got a cat in Hell's chance of a successful claim for constructive dismissal and TBH, if you resign, I imagine you will not be missed. However, this might be a reverse, IMO.

And you were right. Cheeky , and what do they gain by doing a reverse? Now it really does sound like a constructive dismissal is being worked up.

Nanny1965 · 30/01/2025 08:55

Jobque · 23/01/2025 19:54

Hi I just want some advice on this.

I have worked for my company for a long time and I was promoted into my current job without interview by a previous manager (who doesn’t work there anymore).

The job has changed as the company has changed over the years and new management. I am a manager of a team and told my managers a year ago I felt swamped at work. My team constantly interrupt me all day asking questions and it’s irritating. I asked to drop my hours and they did eventually let me but this meant I had to let someone else train up in parts of my job for when I am not there. I don’t really get on with them, they think they are better than me at my job so I just let them do their thing on their day and I do mine on my day. I don’t really like other people being involved in my job, I don’t think they can do it as well as I can but it’s good to have someone to delegate all the bits of the job I don’t like to.

I think things are fine as they are, but there has been so many changes to how we work now and I feel pushed out. I’ve kept my head down and not really got too involved but it annoys me they don’t consult with me with the decisions.

work are doing a restructure and I’ve been told that they want me doing some different things at work. It’s a bit of a different job title but a lot of the same things I’ve been doing anyway, same pay, same hours etc. I can do the job but I don’t like these changes they seem boring. I get why they are doing it, they say it’s more efficient use of my time as I am experienced but ideally I want to work less hours (cut another day a week) and stay in the same role. It also means the person I don’t get on with is going to get more responsibility and take over some of the stuff I do. My manager says I am doing too many basic jobs and as a manager I need to be contributing more to making the place run better. I do a lot of the basic jobs when we are short staffed but I just don’t think they pay me enough to step up to this new level. They asked me to trial the job I said no.

I said I don’t want the job so said I would leave. They said there is no other job at my level, just the one they want me to do but if I resign I could still come back in a different job (that is also boring) on the less hours I want, less responsibilities but with less pay, and I don’t want that one either and doesn’t seem fair. I want to keep my current job and stay on my pay level.

I told them this sounds like constructive dismissal do you think I have a case?

[Note from MNHQ - OP confirmed later on that this is a reverse - while we don't exactly encourage this kind of thing, we appreciate that posters sometimes do things this way to gain a different perspective, which we could probably all do with from time to time.]

Nope ..you don't want the job.. there is no alternative. You chose that option.

No constrictive dismissal... sounds like your flouncing tbh. And need to look for another job that isn't beneath you

Trainingfairy · 30/01/2025 15:39

Nope. It's not constructive dismissal. They can consult with you about changing your duties and you can engage in those discussions to negotiate agreement. Or alternatively they may consult with you with a view making your role redundant and possibly offer you an alternative role or follow through with the redundancy. It sounds like you've been working in a way that has suited you but that is obviously changing so don't ignore; it may not go in your favour.

FenixWinda · 01/02/2025 14:09

Sounds more like "constructive-resignation", you've gradually eroded your position to the point where you can't fulfill the role - they've been very accomodating.

PrimoPiatti · 25/05/2025 13:14

I'll sell at 140K

Middleagelady · 25/05/2025 17:31

What’s a reverse In confused

CantHoldMeDown · 25/05/2025 19:55

This reply has been withdrawn

This has been withdrawn by MNHQ at the poster's request.

Middleagelady · 27/05/2025 13:04

This reply has been deleted

This has been withdrawn by MNHQ at the poster's request.

Oh that’s not good really. Like setting up a situation.

New posts on this thread. Refresh page