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enough grounds to claim constructive dismissal?

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asked on Jun 16, 2013 at 05:52
by   amazinggrace
I was approached by direct report and HR head to resign or go on perf management program. There was NO warning, or non performance consultation prior to this. They just approached me and say you are not performing and we want you to leave. This boss has requested me to transfer to her 1 month prior to this and after 1 month of transfer she says i m not performing and wants me to leave.

Was cornered into this conversation, no meetin agenda was sent. My boss and HR head just came into meeting and said you have 2 options a) leave or b) go on performance management which will leave you nothing.

No black and white - all verbal.

So just need to ask:-
a) do i have grounds to claim for constructive dismissal? If so, how do it do it and what does it entail?
b) I believe i been bullied and strong armed into this
c) Have not resign
d) SHould i ask them to formalize the request?
e) What should my next steps be?

Thanks
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3 Answers

answered on Jun 16, 2013 at 21:49
by   arun1011
Hi there

1. Yes you do have a case for constructive dismissal. But you need to put in writing whatever which had transpired and state that the Company has breached fundamental terms of your contract in particular breach of mutual trust and confidence. This letter would be crucial in deciding your chance of having a successful case of constructive dismissal.
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answered on Jun 17, 2013 at 15:39
by   amazinggrace
Thanks - can u advise me on the process of constructive dismissal and severance?
How long does the process take? I thought about it and was going to speak to the company with regards to the below options:-

a) based on amicable separation etc  -i would want a fair severance, and we dont have to go thru all the long drawn constructive dismissal process.
b) If they do not agree, i will formalize the request of constructive dismissal

Is this ok?

Thanks
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answered on Jun 17, 2013 at 16:29
by   arun1011
Hi there

1. In the case of constructive dismissal, the principle is that there is a serious breach which entitles you to walk out of employment. If you negotiate for a settlement and in the event it does not work out, then even if you file for constructive dismissal, you case would be weakened because the Company would say that your claim of constructive dismissal is not because of the serious breach but because of the failed negotiations.

2. My advice would be for you to construct the constructive dismissal letter first and then if the Company wants to talk about severance package, it would be on a without prejudice basis to your rights. In that case if the negotiation fails, then you still have your case of constructive dismissal.
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