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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.
02:46 Sat 21st Dec 2019
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:/
I had a look through this about constructive dismissal https:/
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:/
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:/
> 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.
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.
// 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
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
