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Grounds For Constructive Dismissal?
43 Answers
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?
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?
Answers
Christmas, boxing and new years day are statutory bank holidays and not to be taken out of your annual leave.
01:46 Sat 21st Dec 2019
Tonyav, it depends how your annual leave is constructed. Before I left the NHS, leave allowances were standardised so that the annual leave amount included all bank holidays. Staff whose services continued to run over bank holidays already had an allowance for these factored into their annual leave so if for instance they didn't get christmas day off, they had a day to take at another time. They standardised this arrangement to all staff so if you worked for a service which closed on bank holidays then the days added to your leave had to be set aside to cover these.
