Grounds For Constructive Dismissal?

[sallyann16]

I have worked as a receptionist for a property company for the last three years, with two separate spells of employment with them.
I feel badly treated by them and wonder if I have grounds to file for constructive dismissal?
I wasn't told in my interview that staff do not get a lunch break. I only found out on the first day that we are paid instead but cannot leave the desk.
I have raised this many times in the intervening period and they say that we are entitled to 20 minutes' rest away from the desk. However, in our case this is not possible, as there is nowhere to go (we are not allowed to leave the building) and would be constantly interrupted by couriers and visitors wanting to get in.
Secondly, our work load has increased considerably since I joined. What was a very quiet reception role now involves organising weekly and monthly marketing events and newsletters, which has changed the Job Description entirely.
Thirdly, I have complained five times about the sun streaming into the building and blinding me on reception. No action has been taken to address this problem and it is impossible to work for several hours in the afternoon without standing up to avoid the sun.
Finally, I am due for a major operation on 6th January and the hospital rang to move it back to 30th December. I informed my line manager immediately, who asked if I could stick to 6th January as they are short on cover. I have refused, as this is an operation that is required asap and I am very upset at their attitude.
We get no sick pay and we have to take Christmas Day and New Year's Day out of our holiday allowance.
I actually like my job, believe it or not, but I am tired of their treatment towards me and feel I have no choice but to leave.
What advice would you have about constructive dismissal?

[emmie]

no idea to be absolutely honest, but i wouldn't stay in any job that expected all those awful conditions.
some better people on AB will undoubtedly come to your aid..

[Rosie29]

Totally agree with emmie. Your firm does not appear to respect it's staff st all.

[emmie]

do you have someone in the company at a senior level that you trust? that you could put your questions to.
but as i said there are others on this site who have more experience in these matters than me.

[Rosie29]

Yes you really need to have your job description evaluated - it seems like Topsy - it's just growed and growed.

[bednobs]

what's up with taking xmas day and boxing day out of your holiday allowance?

[Old_Geezer]

It's not normal practice ? Isn't Xmas day a bank holiday anyway ?

Speak to your union rep.

[dannyk13]

Bednobs, nobody should have to take bank holidays off from their holiday allowance.

[ummmm]

Isn't that standard practise?

[bhg481]

bednobs reply reminds me of a Fivepenny Piece song "Old Rimbant" about a very mean mill owner who didn't think he was mean because he allowed all his workers 2 minutes' silence every Armistice day without docking them any pay.

[dannyk13]

ummmm, Neither my wife or I and our children have ever had to take Bank holidays off out of our holiday allowances,

[bednobs]

really though? who doesn't have to take xmas/bd from their leave allowance??

[bednobs]

ok, clearly danny doesnt but we did post at the same time :)

[ummmm]

My OH is forced to take 2 weeks off over xmas because the firm closes. That doesn't come out of his holiday allowance. So I assume all firms have their own rules.

[pixie374]

Holiday allowance either includes bank holidays (because the company is closed), or offers extra days to be taken at that time. The minimum is the same for everyone.

[bednobs]

my work also has Christmas shutdown, for which I have to reserve around 2 weeks' leave, but I don't suppose it's grounds to hand my notice in!.
I had a look through this about constructive dismissal https://www.citizensadvice.org.uk/work/leaving-a-job/dismissal/claiming-constructive-dismissal/ and the things you complain of don't necessarily chime with it. Wouldn't it be better to find another job then leave?

[THECORBYLOON]

Folk are entitled annual leave equal to to 5.6 times the number of days in their normal working week up to a maximum of twenty-eight days.

Employers can add bank holidays to or include them in that entitlement. They can also determine when employees can take their annual leave.

The break of twenty minutes applies after working six hours the employee can take that break away from their workstation.

Where do the folk who don't work on reception take their break? Why can you not go to that same place?

It would be worth 'phoning ACAS for advice, https://www.acas.org.uk

[bednobs]

ps you don't have to worry about sun in your eyes for another 4 months :)

[Ellipsis]

> I have worked as a receptionist for a property company for the last three years, with two separate spells of employment with them.

How long have you worked for them in this spell? If it's under two years, they can do pretty much as they like and you need to act cautiously if you wish to keep your job.

[237SJ]

I'ts not uncommon to have to take leave for Christmas/New Year - do you get days in lieu?

[Peter Pedant]

// no idea to be absolutely honest,//
I do - a bit of a non starter
get another job and then see

I wd just do the op on 30th and see what happens.

which I DO think is unacceptable - thirty years ago a junior doctor was told he couldnt go and have chemo on himself because he was reqd on a ward round !
we (elsewhere) were open mouthed at what the senior staff at Glasgow Childrens Hospital had decided. (all dead or mad now). The junior struck back - isnt it lucky I only have cancer, it cd be something really serious!

Have a good xmas and in the new year
sounds like time for a new job

constructive dismissal - there is a HUGE body of case law and a 2% success rate ( I think ) I cd well be wrong