Is this a potential constructive dismissal or paranoia?

[Jabberwocky]

Hi people - I work for a small but rapidly expanding company and have done for the last 3 years, all was happy and jolly until I started requesting assistance due to a massive increase in workload. My sickness is exemplary as is my work and I have (until recently) thoroughly enjoyed my role. Matters came to a head and I made a formal grievance following a meeting with my MD - no response was forthcoming from him and since then requests have been ignored when I have asked for resets on access rights,for example, to ensure I can do my job. I have now been requested to formalise a new starter (something I wasn't aware of and which appears to be almost a replica of my role with only a small difference in salary to my own). The MD asked when I was free to discuss then he disappeared. My role is very wide ranging and with the company growing new staff are needed, however, a) if my role is to be diluted, can my salary be revisited? b)The MD has acted in an underhand way previously on employment law and I am currently involved in untangling a previous HR issue at tribunal - without the tools to do my job - am I clear for a constructive dismissal case?

 

[Employment Law Clinic]

am I clear for a constructive dismissal case?

Hi Jabberwocky,

constructive dismissal isn't clear at the best of times, and certainly not in your case:

all was happy and jolly until I started requesting assistance due to a massive increase in workload.

I have now been requested to formalise a new starter (something I wasn't aware of and which appears to be almost a replica of my role with only a small difference in salary to my own).

My role is very wide ranging and with the company growing new staff are needed, however, a) if my role is to be diluted, can my salary be revisited? b)The MD has acted in an underhand way previously on employment law and I am currently involved in untangling a previous HR issue at tribunal - without the tools to do my job - am I clear for a constructive dismissal case?

You asked for assistance, and now you're receiving it. In the meantime, the MD is struggling to manage their own time, so hasn't been able to discuss this with you properly, or give you a formal response to your grievance.

I would suggest you welcome & assist the new starter, and relieve the MD of any perception that they still need to respond to your grievance by acknowledging the issue no longer exists.


If you go around looking for fault where none appears to exist, invariably you will find it, but it certainly won't help your employer, yourself, or the tribunal system that is trying to deal fairly with other claims.



Karl Limpert