Do I have a case for constructive dismissal?

I have been under risk of redundancy since 1 February and the 90 day consultation period ended in May. I then asked for voluntary redundancy ASAP but have yet to receive an answer. Every time I ask what is going on I get a reply that the management are still considering my request. It seems that they are waiting for me to lose patience with them and resign. Could it be argued that a month to come to such a decision is unreasonable and, given the implications, could be considered as grounds for a claim of constructive dismissal?

Would adding the fact that I passed all the requirements for a promotion in January, but this has yet to be granted support such a claim? Another extra detail is the fact that the main requirement for this promotion was training that was put on hold around 2 years ago so effectively my promotion has been held back for longer than that.

Another extra detail is that the union has evidence for some unfair practices during the current redundancy scenario.

Tufty Porcupine

The quick answer is - no.

It does seem along time to come to a decision about redundancy, but for as long as there is a job to do, you have to do it.
How would it sound at a tribunal? Your case would be - I am claiming contructive dismissal because my employer refused to make me redundant?!......There's no logic to that.

As for the issues regarding promotion - as Avondrow states above it sounds like you may well have a case for a grievance here and you should initiate one with support from your union, if you feel you have been unfairly disadvantaged. (No legal challenge will be allowed until you have at least used this process.) Even so, you do not have any claim for constructive dismissal in relation to this. What would your case be here? The company has made it unreasonable to expect you to continue in your current job by not allowing you a promotion? Again, that is not logical - there is no case there.

Presumably your union is looking into the unfair practices that you refer to.

There is nothing you can do now other than carry on doing your current job. If they offer you voluntary redundancy - great, but they don't have to.

Avondrow

As a union rep, I have to say that constructive dismissal is the very hardest of cases to prove, and is considered the last resort for going to tribunal, even if you have a strong moral case. There is no doubt at all that you have a grievance, but I doubt if it would hold up as CD.

Nev

No grounds at all, your still in employment.

Just me

You do not have a case for constructive dismissal.

I believe constructive dismissal is where an employer makes work so unbearable that you HAVE no CHOICE but to resign.

angie n

try not to look into anything that seems to be aimed at your self,taking voluntary redundancy is a good idea if you know that you can get another job,if your redundancy package include's a livable amount of pension and lump sum you've got a winner,if not start to write down your experience's while still working than when you finish work start applying for jobs that fit in with your last job role it might take a long time before you get another job and job centre plus are not aways nice the benefit system is unfair too, if you have a little they take it before any benefit becomes payable,it's up to you .your the one that support's your self and applies for jobs

Hector S

hi when you signed your vr quote/statement of your vr - what was the closing date?? and how did they word it. from experience most employers use.

my signing this form you are giving your consent to be released on vr. we will try to endevour to give you asxmuch notice as possible to your release date but cannot guarantee it.
or along those line - thats is basically a get out clause of giving you a definete answer and being able to release as short notice as possible.

old know all

It's your job that's redundant, not you. Your employer has to decide whether it is or not, and they can take as long as they like. In the mean time, you're fully employed.

You can't be promoted to a redundant position. (That would be constructive dismissal). It's up to your employer to decide how that want to restructure the workforce.

If you have suffered a financial loss as a result of your employer's actions, you might have a claim for compensation. However, if they are just lousy employers whose indecision is winding you up, you'll just have to grin and bear it.

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