Advice needed on constructive dismissal

[Sam363636]

Hi, new to this site so bear with me! Can anyone give me some advice? I am a manager in the health sector and after 6 years service have applied for a promotion which I am more than qualified for. It has now been eleven days since the interview and I have not had any feedback. In addition, the job has now been re-advertised online, and I haven't been told anything.

I feel I'm being treated pretty poorly especially for someone with long service and I have been offered another job which I plan to accept very soon.

My question is this: does the way my employer has treated me constitute a breach of the "implied duty of mutual trust and confidence"? If so do I have a case for constructive dismissal or at the very least, am I relieved of my contractual responsibility to work my notice period?

I have no intention whatsoever to pursue the company for anything, even if I had a case, but I feel like I might need a bargaining tool if they try to make me work my full notice period, as I'm very unhappy in my current job.

 

[cjd]

No, of course not.

But you are entitled to a response to your application, why not ask?

As for resigning, you signed a contract which included a notice period so you need to live up to whatever your employer requires of you. You can, of course, use whatever holiday is owing to you to reduce the notice period.

 

[Sarah from LoatesHR]

Hi Sam363636

It sounds like you are currently unhappy in your role. Have you tried talking to your employer about this? Not being told about your promotion application outcome is not great but this would not constitute a breach of the implied term of mutual trust and confidence in itself. If there were other issues at play that had built up over a period of time there is the concept of the 'last straw' constructive unfair dismissal but your post does not indicate this.

If you want to leave your post early, you can mutually agree an earlier leaving date with your employer and the best way to leave early is help to find a replacement so you can demonstrate that the business will not suffer.

The other option of course is to hand in your notice before you secure another role and find a role during your notice period a risky strategy but it may get you where you want to be. Finally in terms of holiday your employer may choose to pay you for this at the end of your notice period so this is not necessarily an option available to you.

My advice would be to speak with your employer and tell them you are not happy and see where you go from there.