Originally Posted by
sterne.law@gmail.com
I'm loath to comment, or predict, when it comes to constructive dismissal, for obvious reasons. Remembering that CD is only a claim when a person has resigned.
The most obvious being the ability to prove. It does help if there are a couple of employees as that creates some collaborating evidence, though the obvious defence is to say they are plotting, they did not like my new rules, etc, etc.
The guy who has a new job, probably may as well give it a whirl, as he has no risk.
The shifts - are not only unlawful, but are probably a unilateral change to terms and conditions. It does also help provide some proof of intolerable conditions.
Given the need to address the issue, to strengthen a case, my standard advice is
Set out the complaint, in writing, email being good, with regards to the issues.
The employer may correct the problem, which is great. If not, a critical element of the CD case has been met.
If the employer retaliated by dismissing, the employee is where he would be if he resigned, and with probably a stronger case.
If the employer merely steps up the victimisation, then again, the case is slightly stronger.
It is imperative, as suggested earlier, to keep a diary, (locked away), and record all instances immediately, while fresh. Then 're read later to rationalise the emotion out.
're the hearing - one can't pre empty that.
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