Constructive Dismissal

[Jenarry]

Asking on someone else’s behalf .
If your elderly parent had recently started having falls and on asking your employer about leaving work to go to their aid if needed ,your boss told you they would have to wait (on the floor) until you finished your shift which could be up to 10 hrs & therefore you felt you had no choice but to leave your job -would this count as constructive dismissal ?

[Tilly2]

I don't know but I doubt it, Jenarry.

[EDDIE51]

No, you left of your own accord. The reason is irrelevant.
But, you now need to arrange for the elderly parent to move into full time care. Their condition has deteriorated to the point where they can no longer safely be left alone.

[donny48]

Eddie, the whole point of constructive dismissal means you do leave of your own accord.
Constructive dismissal is when you’re forced to leave your job against your will because of your employer’s conduct.

The reasons you leave your job must be serious, for example, they:

don’t pay you or suddenly demote you for no reason
force you to accept unreasonable changes to how you work - eg tell you to work night shifts when your contract is only for day work
let other employees harass or bully you

Your employer’s breach of contract may be one serious incident or a series of incidents that are serious when taken together.

You should try and sort any issues out by speaking to your employer to solve the dispute.

If you do have a case for constructive dismissal, you should leave your job immediately - your employer may argue that, by staying, you accepted the conduct or treatment.

[bednobs]

i dont think it seems all that unreasonable for an employer to expect you to work. I would imagine a one-off occasion would be ok. Is the child really the only person who could help the person on the floor? Wouldn't they just call an ambulance?

[pastafreak]

The repercussions of a fall can be quite dangerous.
Just google " leaving an elderly person on the floor after a fall " as I just did.
This relates to a nursing home, but details all the possibilities.

https://mangarhealth.com/uk/news/6-reasons-elderly-resident-never-left-floor/

I'd suggest going back to the employer with more information...then leaving if it's not accepted or there is no other solution.

[Jenarry]

Thankyou everyone . The person in question has already left .our boss was absolutely fuming when she left without notice but she felt she had no option but to quit and be there for her mum.