Constructive Dimissal/Severance pay

[Claire123]

Hi everyone
Anyone got any advice on this one, long story am afraid!
My employers (NHS) are having a restructure (losing 26 posts). All staff at risk had to be interviewed for a post not necessarily the one they'd been doing. I had a miscarriage in june and was off sick 3 weeks, on my return (still in an emotional state) i was asked to go for interview the following week. my employers were well aware of the reason i'd been off sick, was documented on my sicknote to HR etc. arriving to the interview in tears i obviously underperformed and have now been put on the at risk register and have to find a job within 3 months in the hospital.
I have expressed my concerns re the unfair way this was handled but have yet to receive a reply (1 month later!) the firm are offering voluntary severance which i have applied for as i really don't want to work for a firm thats so unfair (people on maternity leave were given a job without being interviewed).

Can I take voluntary severance and then take them to a tribunal for constructive dismissal?

Thanks
Claire123

[Buenchico]

Except in rare circumstances, an employment tribunal won't even consider a case for 'constructive dismissal' unless the employee has followed the employer's formal grievance procedure before resigning from their job.

It would seem to be incompatible with following such a procedure if you were to seek and accept voluntary severance. 'Constructive dismissal' involves being forced out of your job. If you agree to something which is labelled as 'voluntary' it would be extremely hard to to prove that you'd been forced to do anything.

Chris

[factor-fiction]

I agree with the above comments. The responses to the same question in the Business&Finance section are also helpful- particularly my response under there!
Good luck- let us know what you decide to do.

[fiesata]

Chris is spot on with his answer - if you have a union go and see the local rep for advice

[Claire123]

Thanks for all posts. Have started a grievance procedure through union over a month ago and haven't had a response to it. Think i'll probably decide to take severance and leave. NHS isnt nice play to work at the minute with all the cutbacks, currently doing 3 jobs as we're so understaffed!

Thanks again for posts.