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constructive dismissal - help

Summary of postings

constructive dismissal - help	Charles	14 Mar 08
Re: constructive dismissal - help	David Malamatenios	1 Apr 08

Details of postings

constructive dismissal - help	Charles	14/03/2008 07:33
I am a senior manager in a relatively small company. My boss is the owner and she employs a management consultant. I recently found out that the management consultant had invited a member of the company, who reports into me, to an off site meeting to discuss my progress. One of the members of staff returned to the office and reported the meeting back to her colleagues. I have since found out that my boss, the owner, was aware of these meetings although when confronted by me denied all knowledge. the consequence is that I felt that I had been undermined, I was never made aware of the meetings or the content of the meetings, the staff are all aware that my progress was discussed and since the off site meetings one member of staff has been reporting my activities to the management consultant. I have resigned my position, which is a three month notice, as I felt unable to carry out my duties with the authourity it demands. The Company have now turned nasty and arguing that they should not pay the 3 months notice. My thoughts have now turned to looking after myself and I wonder if I would have grounds for a constructive dismissal claim - or do I hjust sit back and bit my tongue - serve my 3 months and leave?

+ Re: constructive dismissal - help	David Malamatenios	01/04/2008 16:58	chris aubeeluck@ colmancoyle com
Hi Charles If your employer has taken steps to undermine you (and behind your back) then that certainly raises a prima facie case of constructive unfair dismissal which you should press to your advantage. Regarding notice, if your contract states that you have to give 3 months notice the Company can still insist on your serving that notice by coming into work if they do not wish to pay you in lieu - but they must honour the contract it is just the precise way in which it can be honoured on which they have a discretion. The best outcome for you is to argue these points strongly on the constructive unfair dismissal and see if you can walk away with a decent severance package. If you want to take this further you are welcome to contact me at my firm, Colman Coyle, on 020 7704 3406.