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Constructive dismissal claim/severance pay

5 replies

heronorstork · Yesterday 19:20

Hoping for some advice here before I can speak to my union rep tomorrow.

Ive worked for the same company for 10+ years, never any issue with my performance or work.

4 months ago my director left and a new one was put in place. They effectively changed my job description with no consultation which included numerous additional staff and additional travel.

A few weeks ago they raised some vague concerns around me not travelling enough for the role (I’d been given numerous new services from the start of April but was on leave until mid April).

Everything is very wishy washy in terms of what I’m doing “wrong” 1-1 notes reflect this and no real objectives have been set. I’m sure that my face doesn’t fit anymore.

Today I had a meeting with said new director who said I have 2 weeks to improve or I’m on a performance plan. Then followed up with “or we can offer you an exit package of 3 months notice period and a lump sum”

Im done with this company despite having been a very loyal employee before now. The notes from today’s meeting don’t reflect the conversation, the things I shared nor the offer made.

what should I do next?

OP posts:
Arlanymor · Yesterday 19:22

Call ACAS, speak to your union. This all sounds so dodgy. And if these actions have poisoned the well after 10 years of good service and you no longer want to remain there then I would be asking for 10 months severance pay. Minimum. Good luck!!

2021mumma · Yesterday 19:22

Had a similar situation, I took legal advice and my package was a lot better than initially offered. The new director is likely to already have someone he wants to bring in from an old company to replace you- that’s what happened to me, best thing ever leaving, had a new job two weeks later and a nice lump sum in my bank!

Nopenousername · Yesterday 19:25

Contact ACAS, make your own notes of what happened during meetings, interactions etc., print emails which you may later need as evidence of bullying and constructive dismissal, update your cv/ linked in if out of date and start looking for a new job

Besafeeatcake · Yesterday 19:30

OP my advice is stay and let them go through the process and negotiate a settlement. Never accept the first answer.

In my opinion and from my experience I have never seen anyone win on constructive dismissal and unfortunately I don’t think you have grounds here.

You are better to get more now and move on then fight for a long time and have the court potentially award noting or far less due to guidelines than they are offering.

heronorstork · Yesterday 21:15

Thanks all, the notes from today’s meeting were not accurate from what was said; ie performance plan or pay off to leave. I was very emotional in the meeting and this wasn’t recorded either as I was totally blindsided

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