Constructive dismissal Puns

In the first episode of Discovery season 4, the president of the Federation comes aboard Discovery to evaluate Burnham for a possible reassignment to captain Voyager. The president tells Burnham the reasons she's not ready for it, and, for the lack of a better term, Burnham throws a bit of a hissy fit at all the advice the president gives her.

A good leader listens to advice and criticism, and then self-evaluates based on that criticism instead of immediately lashing out in irritation at the person giving it, especially to a superior. As someone who has served in the military, I can say that she would've been bumped right to the bottom of the promotion list, let alone be given command of a starship. I assume that since Starfleet needs all they can get after the Burn, and that she knew the ship, they promoted her to captain. (The way she initially handled the diplomatic mission at the beginning of the episode isn't winning her any points either.)

Also, as an aside, it seems strange that the president is making the decision on who captains starships instead of the CinC.

I’ve worked for a company in Alberta since 2011. The first few years I was in the office, but I moved to another province in 2013 and they let me work from home since then. I was given temporary layoff recently and now my recall requires me to move back to Alberta into a different city and work for one of the partner companies which will be merging soon. Doesn’t seem like they are recalling me to my original job where I was working from home, so this should be constructive dismissal, right? I believe they are trying to avoid paying severance. Thanks in advance for any advice. I will be seeking legal counsel as soon as offices open after the weekend.

Update: The company has officially taken the stance that they don’t have to provide termination pay or severance. “We note in your career you have moved before, and this location change is within the implied and accepted rights of employers to position staff where the work is to be done. Again, [Company] is going to pay your moving expenses.” I have been in talks with a lawyer and have given a retainer now. Anybody have any insights whether employers have ‘an implied and accepted right’ to force people to relocate like this? It seems completely unreasonable to me.

Update2: I made the first update a separate post and it appears most people are just annoyed that I’m basically asking the same question again, so I deleted it.

On a probationary took caregiver leave asked to return to work but original job which was technical is filled by someone else. Offered a production post not very experienced in it and being asked to accept. Is this constructive dismissal? Should I just quit have 2 days to decide.

I'm seeking advice on whether 1) this is constructive dismissal and if so 2) can I sue for constructive dismissal several months after the fact?

After over 6 years with a company, in May 2021 I was given a letter that my role changed, specifically:

• half of my portfolio removed and assigned to another team
• direct reports downsized from 6-> 4 employees (2 employees shifted to the other team)
• reporting line changed from C-suite to VP-level
• job title changed to reflect the new role
• no change in compensation

The rationale for the change was that the business was growing and it no longer made sense for me to have such a big portfolio. The sales pitch was how great I was, the new role was more up-my-alley with my experience and passion, and that I would get to work less hours. Prior to signing the contract, I was told that if I didn't want to take the new role then we could discuss options like an exit plan (including severance).

I explained to management that this appeared to be a demotion and they countered that it was not.

I brought up that I believed this was constructive dismissal and was told that the legal advice they received was that it wasn't because they have a right to change my duties at any time.

Finally, I brought up the fact that my compensation wasn't changed and that for me to sign a contract there needed to be consideration. I was told no, that's not true. However, in the end they added a 4% increase to my pay and then denied me my annual merit increase (effectively, they took my merit increase and applied it to my new role).

I signed the contract as ultimately I was flattered that they still "worked so hard" to keep me and the compliments on my work felt oh so good when my self-esteem was low.

Now I regret signing the contract as I now see how this change in reporting structure has played out:

• I'm no longer part of the leadership team and excluded from these meetings. I feel my ability to set direction in work has been stifled.
• I worked just as many hours as before and my new manager has no boundaries - calls at all hours and assigns work to me during the only 2 week vacation I had in a year.
• I feel humiliated that I'm no longer as senior as I was previously.

With all this background, I would love to hear your thoughts on whether 1) this is constructive dismissal and if so 2) can I sue for constructive dismissal several months after the fact?

Background: I manage a business and have employed someone for five years. He isn't very good, and I would like to get rid of him. His wife has worked here for six months, and is a decent worker but nothing special. Can I fire her, be mean in the dismissal and hope that I upset her enough that her husband will also resign? I suspect that he will sue me if I fire him, so getting him to resign would be fantastic.

Hello all!

Just to give you some background. I “work” at a company as what’s called a coaching lead. This job was essentially a support role wherein my day to day responsibilities was to schedule meeting with customer service reps and provide feedback regarding their quality and KPI acquisition. As a coaching lead, I was provided the leniency of creating my own schedule and had a fixed yearly salary. Also, a note this company is run out of Quebec, and I work within QC as well.

This past Thursday, I was brought into a meeting with eight other colleagues included two colleges who shared the same job title as me. In this meeting, our new director told us that our job titles had been abolished. He went on to offer us a position as a customer service representative but that we would maintain our same salaries. I have worked at this company for close to 3 years (would have been 3 years in Feb).

Pertinent points:

1. The CSR position would be hourly, with a schedule created by the department. The department has recently reduced hours for people in the role that was “offered”, and the contract they provided did not stipulate a guaranteed 40 hours per week. I would also be losing the flexibility to start and end my shift on my time.

2. the roles and responsibilities are entirely different. No part of my role involved me speaking with customers, I exclusively spoke with internal employees.

3. The company actually have defined job levels. My role was a level 4 position, and the job they offered is a level 3 position, as defined by their structure.

Here’s the kicker, the contract provided after the meeting stipulated that either we choose to accept the position or we choose to resign. This effectively means that if we don’t take the role, we would not be provided severance. In this meeting, they told us that we had 24 hours to respond with our decision.

From my research, this seems to be a case of constructive dismissal per article 124 in the Quebec labor laws.

I reached out to a labor lawyer who helped me draft up and email to send to HR highlighting the above and requesting reasonable indemnity. In that email, I mentioned that if they did not respond, I would file a complaint with CNESST.

They replied to the email and essentially told me that they would not adjust their position and that they considered this email as me resigning.

At this point, I’ve filled a complaint.

My question is, why would they take this approach if they are clearly using ill

So I’ve started a recently new job in the summer. Big regret, I hate it. Live and learn. The job itself is fine. It’s the manager. I’m working for a couple who run a company. It’s a very small handful of workers. I’m in the UK. I have been treated like complete rubbish the past few months and it’s been really getting to me. I’m constantly anxious about going into work, I’m worrying about the next day before I’m even finishing my shift and I’m spoken to in a very undermining and disrespectful way.

My job was threatened last month which is one of the main reasons I’m leaving. He hired me and this young girl, essentially made the young girl leave treating her awfully and always blaming her for mistakes. She would cry almost every day. She ultimately left and the owner asked myself and my colleague if he should replace her. We agreed it was a good idea because the workload was already beginning to build and with her gone, it would get worse. So he did, he hired a very good young girl. Last month he sat us down for a meeting and said “looking at the pennies and the pounds I’m going to have to let someone go in December”. I felt it was indirectly aimed at me. Immediately I searched for other jobs as I didn’t feel secure.

Last week we had another meeting, it’s a weekly thing. He pulled me in with everyone else, basically told me I was shit at a certain piece of work and started pointing right in my face as he was becoming animated. I’m not threatened by him whatsoever but I don’t appreciate being spoken to like something on the bottom of his shoe. He has been watching the cameras in the office and is picking very specific time points where I turn and speak to my colleague. I’m genuinely talking about work. He’s saying I’m distracting my colleagues when I’m fact I’m being distracted myself. This led him to demand I email him every 90 minutes with what work related tasks I have done. Nobody else just me. I told him I don’t want to be treated any differently to someone else but he disregarded what I said. I’ve had enough, I’ve landed another job and want out immediately. My notice period is 1 month but I can’t do that. He’s genuinely messing with my mental health, constant undermining in public, questioning my ability, using me as a scapegoat for his problems. Are these valid reasons for me to leave with immediate effect?

Cheers guys, any advice is appreciated.

So i have been working at this part time job for 25 hours a week for over the past year.

A co worker who was barely here when i started went on maternity leave and now that she’s coming back in January/February i will be losing 7 hours due to her having “seniority” as my manager put it.

I would like to keep those 7 hours since less doesn’t financially work.

When she comes back can i get severance by asking to be laid off or can i just straight up claim constructive dismissal?

(Also not even sure if the maternity was valid because shes been gone for over a year from a part time job aswell)

Dear Reddit,

I raised a grievance against my manager last year for multiple issues of bullying and harassment and had two points (one for bullying and another for harassment) upheld. This resulted in a change of my line manager. However, due to the way the organisation is structured, many decisions continue to funnel through my former manager.

Most recently, I discovered that they had shared confidential information with other staff members during my promotion application and that they were sabotaging my application. I can’t go into too many details here, but I can evidence that I was treated differently during the evaluation process. My former manager writes the promotion report on behalf of the department and was made to change it three times due to sharing inappropriate information with colleagues and treating me differently. This is all documented.

I’m at the end of my tether and feel I have to resign on principle and protect my health. I’ve heard constructive dismissal mentioned before, but usually with the framing that it’s near impossible to win these kids of legal battles. Does it sound like I might have a case here?

Thanks in advance

I started in my role with a new company in England (local government owned and operated) in late 2019, along with one other new starter.

The role is safety critical and as such requires training and subsequent authorisation to be deemed as competent to carry out the substantive duties.

A re-org just prior to me starting at the company meant the team I joined had their local agreement torn up by management and were were forced to take on extra duties and change the shift pattern under threat of dismissal.

The unintended result of this from managements point of view is; as training new recruits is not mandated in their contracts neither working over time, and there is no longer a local agreement no training has been given by the team I work in. The employer has a training (L&D) team but none of them have an authorisation or expert knowledge in deliver training for my role. Due to my and my fellow new starter not being authorised, emergency cover (becoming more of a regular cover due to the frequency) is being brought in from a different department to cover sickness and uncovered shifts due to the two gaps in the rota that are created by two non trained team members.

I am not able to carry out my role fully due to this. Management have approached me once in April 2020 to let me know they are trying to progress this, but nothing since and never anything in writing. I am able to carry out very limited non safety critical aspects the role but have had to basically pick things up my self due to a lack of structured training.

The only formal resolution tabled by management was to implement and emergency rota which would effectively mandate over time and adversely affect work life balance. unions got involved and the team rightly voted in favour of industrial action. management then backed down and the situation has become the status quo.

I have been working limited hours due to this but ams till being paid full time, and was not furloughed during recent events.

My KPIs have not been updated to reflect that I am untrained due to no fault of my own, I raised this in my last two end of year appraisals but the sections relating to the parts the role I cannot fulfil are just marked "non applicable".

This sounds like a dream job but it is frustrating boring and depressing, and most of all I have become stagnant in my career for the first time which I am becoming more worried about my future prospects if I do not either leave or gain an authorisation in the v

So last week I finally handed over my notice to this private health care company that I worked for for 3 years. I had so many issues with them and the last incident was finally all I can handle, and is the worse thing that could ever happen to somebody in the workplace.

So I’m a surgical nurse, I work and assist in Surgical Theatres, I hated my job but at the same time it’s also quiet easy, probably one of the easiest field of Nursing imo cause there’s a lot of waiting time in between surgeries and usually you assist like one or two cases in a good day or even in a bad day, and most of it is manual work and a tiny bit of paperwork.

Anyway, it might seem like a dream but it is still really stressful in terms of, working with some nasty colleagues, lazy colleagues, useless colleagues and even though it’s usually should be a team effort, sometimes it’s literally just you making the whole list work. People can be the worst.

I worked in 3 branches of this company all throughout SE of England, the first one was awful, lots of inappropriate comments and touching from older more senior male nurses/surgeons, managers don’t listen, and you have to suck up to people so you’d be in the ‘favourite’ group. The second one, was okay in the beginning but it’s a smaller hospital, and the work loads is less and there are a lot of bored middle aged nurses, who won’t take you seriously just cause you’re ‘young’. I already had experienced some racism, bullying especially when I told them I took a senior position in London and my manager and team leader were the ones making my life hell especially when I told then I got a ‘promotion’. I’m 28 and I look younger than my age. I am a small mixed Asian girl and I know I’m not paranoid cause of one of my ‘friends’ in that hospital literally told me that maybe that is the reason no one takes me seriously even though I’m good at my job. My last day ended with my Thank You card in the bin, people denied they did it but I know my Team Leader and her friends did it. I moved to the London Branch and it was good and I met younger nurses and I got along with everyone. Apparently the hospital’s not opened yet so me and some of the staff were deployed again to one of their branches in the SE. And the first few weeks were okay. Until one day, I was sexually assaulted by an agency worker, I reported him and they did call the police but they kept him on a surgical list even though I reported him already because they were shortstaffed, and appa

A former co-worker of mine had a brain aneurysm which resulted in brain damage, what my old work place did was change her job in such a way that it became harder for her to do obviously to force her out. She recently won her unfair dismissal and discrimination claims at court it brought a smile to my face seeing just how much money she earned.

https://preview.redd.it/ta7lu6kvunu71.png?width=982&format=png&auto=webp&s=f66da46a5d6a0ea741a4fa2e2dd099966e1e6d69

I’m currently a manger at my job. Would I have a cause for pursuing a constructive dismissal case if my employer decided to demote me without commencing progressive discipline prior to demoting? (Verbal warning, written up, etc). I’ve had no reason until recently to worry about my job, I’ve been a manager for 3 years. Until recently my performance was meeting my employers expectations, but the results haven’t been there for the last few months

On August 23rd I was told by my supervisor that the company's owner has decided to demote me to a different position starting 1st September 1st. I was under the impression that my role was permanent and my contract does not indicate otherwise, nor does any communication or action by my supervisor or myself. My current position was a promotion to coordinator from a junior level. I am being forced to go back down to a junior level.

Aside from the sudden demotion, my primary issue with this is the new supervisor I will be reporting to once demoted This person has been incredibly hostile and confrontational since I started my coordinator role in May. By exerting pressure on me and my current supervisor, this person has made my work near-impossible to complete and incredibly stressful, despite being in a different department. My current supervisor is aware of the way the other supervisor has treated me, as are other employees in the company who have witnessed numerous incidents where I have been insulted, belittled, and invalidated. He has shown contempt for my ambition and has been overly critical of my work even though I don't report to him and have been meeting/exceeding my performance standards. He has also shown blatant animosity towards me in front of coworkers and during company-wide staff meetings. There is no way that I could work under the new supervisor while still being productive/motivated and feeling safe. The owner of the company has made my current role redundant, though, so I have no choice.

My question: Do I have grounds to file for constructive dismissal and if so how do I go about it?

WARNING! Lots of text!

Hi Reddit, I hope you can give me a little advice. And on a preemptive note, I was stupid enough to not have recorded meetings with my work (near impossible to get these people to be professional).

When I (f29) was employed 2 years ago(Sept 2019), the position I was hired for was meant to be full time evening work. I was allowed to do a shorter shift due to a course I was doing in a local college. This changed my hours from 13:30-22:00 to 16:30-22:00 Mon-Fri. There was a mention at this time that they would look into full time hours after the course ended.

When the course finished, 8 months later, I was told there was no budget for additional hours and I was stuck with the same shift permanently. By this time, Lockdown came into effect and I was working from home, This was not such a big problem as I no longer had long travel times (I live a 30 minute drive from work). Between here and Christmas 2020 I requested consideration for additional hours 2-3 times more, once over email in December 2020.

Fast forward to January 2021 and I am now being told that even though we have valid emergency response plans for all dispatched teams, I am the only person required to be in the office every single work day to monitor the emergency phone.

This phone is called if ever a team member is injured and requires medical assistance. If the person in the office does not reach the phone in time, it diverts to the emergency services number. If I were to answer it, I would need to ask the engineers a series of questions, then call the same emergency services. It is useless as it has been in the office for years and is only now important.

So I, the least paid person living the farthest from the office, am now required to travel every day during lockdowns to the office, always starting after all my other colleagues have left at 16:00, and am receiving no compensation or anything from this. I beg several more times for additional hours as my husband is now out of work since October 2020 (and still is) due to COVID and I'm barely making enough to pay bills (wage at this time is €15600 pre tax).

In June 2021, I am finally given more hours. I mean, one additional hour per day, with a longer unpaid break. Now I work 15:00-22:00 and make €18450. I was told this was all they had the budget for and I could either take it or leave it. I took it but advised that I would need to start looking elsewhere unless they could provide more hours.

Last week I fina

All the weight of the world has been lifted off my shoulders. I am stressed, I am unhealthy, I am broken, I'm struggling to find another job...

I just need to rebuild myself as a person and believe that I'm good enough to move on somewhere better.

My advice to anyone who is a part of a constructive dismissal - leave. Don't stay and fight it. I knew my worth and my experience and my dedication - but I also knew secrets my job didn't like me knowing.

Even after the primary culprit in my constructive dismissal was removed for legal concerns, they continued to push me, just more legally this time.

I was asked to sign a document yesterday I did not agree with - I read it and I knew it was an excuse to fire me after a 30 day review so I resigned on the spot. In my resignation later I detailed an instance the week before where I was discriminated against because of my disability, as well as other legal issues they were ignoring.

They told me to pack all of my things and leave on the spot - locked me out of the email immediately.

I thought "winning" my claim would be the turning point, but it turns out when it comes to HR - nobody wins except the company.

Thanks for listening - don't end up being a goober like me with medical bills from stress - leave! If you think you are going through something similar or just have any questions, I'd be happy to talk more :)

I'll try and keep it short, this is in England.

I'm leaving my current position after just 8 months due to my manager (and others at the company) being godawful to work with. Yelling insults and me and other employees, yelling in general, swearing at us etc. It's made my life miserable and triggered several panic attacks (I have a diagnosed mental health condition which I have disclosed to my boss). I've decided life is too short to put up with that crap even if I do really enjoy the work and I'm fortunate enough to have found a job elsewhere.

Since I'm leaving purely due to the toxic environment and workplace bullying, does this count as constructive dismissal? The bullying was not on the basis of any protected characteristic, and since I have only been there for a short time I was under the impression I would not have a case, but I've heard conflicting opinions so wanted to check.

Thank you, any help is appreciated!

I work in a University, so the salary is banded. I have evidence that I have been working at a grade above my paygrade for many years, and in that time I have asked to be regraded many times and refused due to budget reasons, or there "not being a need in the team". I'm about to hand in my notice as my manager has been telling me to leave and get a better job elsewhere, which I have now done. If I'm replaced by a post at the grade above what I'm currently being paid (the grade I was asking to be promoted into), do I have a case for anything like constructive dismissal? (I'm in England)

Throwaway because my main account can be linked back to myself, then my employer, blah blah blah.

The company I work for recently was involved in a corporate takeover. One of the changes that my supervisor keeps mentioning is that they are going to revert the time off/vacation policies back to the absolute ESA minimum.

This would mean I would lose 2 weeks of vacation as well as 5 sick days.

Edit: been working there for 10 years. My current vacation entitlement is 5 week but ESA standards is 3

I’m pretty certain they can’t just do that without it being considered constructive dismissal?

Background: I am non-verbal Deaf person who signs BSL.

I work for a large organisation. I like my job and I work hard at that. One of the best performing staff in the team.

However... there's a lot of small issues here and there relating to my disability that's preventing me from succeeding.

1. The managers has their favourites. The favourites are selected based on their social conversations in the work and outside the work. I don't get to participate in these social conversations, I'm not asking to be included but the favourites are often put on a fast track to their promotion - and that's what I am missing out. The internal recruitment process is "fair" but they ask for your examples of the things you did beyond your role in the office - only managers can give you misc tasks that enables you to do outside your role. They also give a support to their favourites on their application process.

2. I get an interpreter for my job - I need them once or twice a month. The problem is that I organise everything. Access to Work budget. Invoices. Talking to companies. Selecting a good interpreter. Introducing interpreter at the office entrance and filling him/her in the details, etc is all my job. My manager does not provide a support. He says that they give me some time off for that and that's good enough. This would be enough however these interpreters are for the meetings, events, etc they booked. This can and do change at a short notice, so without the involvement from my manager, I am always the last one to know of these changes. A lot of money gets wasted because I have to cancel an interpreter at the last minute. Sometimes I am left without an interpreter because they postponed the event by an hour and the interpreter couldn't accommodate. Anything "important" (to my role) always gets a replacement meeting/event at a later date but anything non-important is never replaced (e.g. CEO visiting and having a talk at my office). My job description does not include any of that at all, so I am getting stressed out for something that is way above my pay grade.

3. Communication method. My managers have a very strict policy of "never say no, just ignore" for emails or Teams messages. Anything they don't want to action, they ignore. Because of this, my colleagues speak to them face to face instead. Whenever I email them, only 75% or so of my emails get actioned. The most recent being that I asked info on sabbatical leave. That was ignored. I later found out from my

I recently resigned from my position and my employer gave me a constructive dismissal. I have another job offer on the table, but I'm wondering if there are any next steps I should take? Will my future employer somehow find out? What are the implications for a constructive dismissal? Thanks for any advice.

So I moved to a new town and started a new job. My colleagues are fantastic, don’t get me wrong. But I personally feel that someone a little higher up the food-chain is personally out to get me. As a result, I’m looking for some advice.

Can I record conversations, to show that there is a difference of treatment between myself and my colleagues, in addition to how I get reprimanded for things that my colleagues do not? Is it a good idea to say to them that I want performance issues in writing? I honestly feel that I am being treated unfairly, as I clearly haven’t been given the adequate training to perform to their expectations, and no more has been offered to me. The person reprimanding me seems more interested in telling me off, than offering ways to improve, and essentially leaving me with “just do it better”.

It has very quickly put me on the defensive, and quite frankly had an immediate impact on my mental health, and could quite easily put a strain on my physical health. Both conditions the company are aware of.

Edit: based in England

Leadup in another post here

Edit: here is some more background > To clarify, my team started out as part of a project manager, 4 software developers (one of which was me), a lead developer, a business analyst in the USA, and a dotted lined business analyst in the EU (due to time zone/language issues). We were tasked with writing an application on top of $3rdPartySoftware. We didn't decide on this methodology, it was given to us with no deviation allowed. > > Over the past few years, this was winnowed down to just me as the sole developer, one of the other developers (not the lead) ended up with the project management stuff (and says he hasn't had time to code in a year). The USA Business Analyst "owned" the installation/support of $3rdPartySoftware and managing the servers required for this. We had server guys who managed the actual OS, but anything related to $3rdPartySoftware was his problem. > > About a year ago, $OurCorp decided the future was in the cloud and we were going to be there with everything no matter what! Now, $OurCorp has offices around the world and enough spread that there is literally no downtime so 24x7 cloud instances is something we had to actually consider. $3rdPartySoftware doesn't seem to have the ability to add nodes to a cluster on the fly so it's all or nothing! > > 1.5 weeks ago, $OurCorp pulled the lead and USA BA from the project with 1 day notice (basically "it's Thursday, Monday you will be 100% on this other project and this came from a Director so I don't want to hear excuses why you're still working on old project"). Lead and BA were both working on different parts of the cloud infrastructure. None of us have any admin access to the cloud to spin up or change anything so we are working through a team that calls itself CloudOps. > > CloudOps spins up the two windows machines that we need to start testing for unforeseen issues. Standard OS server builds. Apparently made by the same people who made the builds for the on existing on prem images. BA installs Client and Server of $3rdPartySoftware and to everyone's great surprise nothing works. CloudOps blames $OurApplication (which isn't even installed yet!). $3rdPartySoftware suggests using IE to troubleshoot this and to let them know when IE can reliably connect from the Client to the Server (which is handled by Tomcat). A few months pass