Constructive Dismissal ?

Ciderboy1957 · Post by **Ciderboy1957** » 27 Nov 2018, 18:48

Being removed from my duty , firms delivery for past 6 years , 37 years service , been put on computer work , surcharges etc .
Fundamental change of my duty , indoor work , solicitor advises that this could be construed as " constructive Dismissal " I would have to resign and state that I believe I am being " constructively dismissed " Any thoughts ? Legal Eagles out there , Cheers

leolion855 · Post by **leolion855** » 27 Nov 2018, 18:53

Reasonable request due to staffing levels in your office?

Vickihamill1 · Post by **Vickihamill1** » 27 Nov 2018, 19:14

Get a grip man, just work the hours you’re paid.

Postie45 · Post by **Postie45** » 27 Nov 2018, 20:06

what reasons were given for your change of duty ?

Woody Guthrie · Post by **Woody Guthrie** » 27 Nov 2018, 20:09

The reason is the crucial point...and it's missing.
Medical.
Conduct.
Reorganisation.
Skills shortage.
What options were you given?

You need the reason and you need it in writing ASAP because as soon as the lawyers get involved it will change to suit the employer.

DGH · Post by **DGH** » 27 Nov 2018, 20:22

Yes, the reason is key.

Mind you, m'learned friend informs me that, generally speaking, constructive dismissal would involve a serious breach of contract. I'm not at all certain that being moved from your duty to other work would constitute such.

Seymour Buts · Post by **Seymour Buts** » 27 Nov 2018, 20:40

I'd seriously consider consulting a legal professional before quitting your job rather than this forum! You haven't mentioned why you're being moved about?

Seymour Buts · Post by **Seymour Buts** » 27 Nov 2018, 20:45

Obviously I mean somebody who deals in employment law, you're obviously not sure about this solicitor or you wouldn't be asking!

Post by **General Mannerheim** » 27 Nov 2018, 22:07

Don't do it!
Okay they have pissed you off and moved you but they have found you a job indoors and it would be very hard to prove that this is a fundamental breach of your contract.
Also Constructive dismissal is one of the hardest things to win in the tribunal system.

Did your brief also tell you that you should resign as soon as possible? Otherwise it could be seen as your affirming the change.

Postie45 · Post by **Postie45** » 27 Nov 2018, 22:25

if no reason was given there could be a case of victimisation.

Post by **TrueBlueTerrier** » 28 Nov 2018, 04:07

Ciderboy1957 wrote:Being removed from my duty , firms delivery for past 6 years , 37 years service , been put on computer work , surcharges etc .
Fundamental change of my duty , indoor work , solicitor advises that this could be construed as " constructive Dismissal " I would have to resign and state that I believe I am being " constructively dismissed " Any thoughts ? Legal Eagles out there , Cheers

I am not sure that instructing you to work inside on computer work would be a fundamental breach to your contract or at least enough to qualify for the legal definition of constructive dismissal. After all as far as I am aware there is nothing specific in our contracts on the nature of job, and it would be up to you and your team to prove there is:

There are things you must remember when going down this route:

1. There must be a fundamental breach of an express contractual term, or the implied term of “trust and confidence”.

2. The level of proof changes, in that the onus is on you to prove that your employer was in breach. This differs from unfair dismissal claims where your employer has to prove that there has been a fair dismissal.

This site http://www.landaulaw.co.uk/constructive-dismissal/" onclick="window.open(this.href);return false; has a decent webpage on constructive dismissal.

But if you are in the Union I would consider going through the Union and get advice from Unionline first,

rehabron · Post by **rehabron** » 28 Nov 2018, 12:59

https://www.royalmailchat.co.uk/communi ... =1&t=88020" onclick="window.open(this.href);return false;

Celgar · Post by **Celgar** » 28 Nov 2018, 18:00

In theory any customer can turn on you which is why your DOM will recommend all of RMs procedures are followed then they can back you up fully. In this case one customer has taken the hump and one has not had their mail left in their chosen very specific place. In my experience firms and businesses can be uppity, posh, or maybe look down their nose at you. Not a blanket view but you are more likely to find a business gives you hassle than a residential dwelling.
If a business wants their mail left on a reception desk rather than through the letterbox I would suggest doing it if it isn't too excessive an inconvenience or just takes another minute to do. Keep them sweet then you can forget about any hassle. In the past on other walks I have been on the order of delivery on walks has been changed to enable one business & one house to get their mail earlier. Some customers can be pain in the bum but thankfully most people are good.

rehabron · Post by **rehabron** » 30 Nov 2018, 15:35

On recollecting your original post on why RM took the stance on removing you from your signed duty of collecting from firms that you had been completing for a period of 6 years was that RM had received two complaints from customers on your route.
One complaint being that you left a P739 notification being unable to deliver the item and the second complaint was alleged dialogue between you and the customer.
You followed the correct procedure by notifying the customer that items in your charge addressed to them could not be delvered safely and securely and you made the decision to return these items to the office for the customer to contact on how they wished their mail to be redelivered or collected.
The second instance if I am correct was an exchange of views on where this customer wished their mail to be delivered and according to the customer they were highly inconvenienced on where you left their mail. I am assuming that where you left their mail was in the same location that you have previously been doing without any complaints.
I mentioned at the time that RM could have taken the position taking in to consideration your length of service by removing both these customers from your route to avoid further escalation a decision that was not taken and I am not aware if you put this point to them.
I am also unaware if you have previous disciplinary charges on your record for similar offences that may have given RM no other option but to remove you from your duty.
Where I have the problem with this removal from your duty again if I am correct is that a complete and full investigation into the matter never took place and you were never given the oportunity to see the customers written complaints and challenge and that defies natural justice.
My feeling would be to progress this with area/divisional rep or HQ and remain in RM employment rather that the Constructive dismissal route where by their actions you have no other alternative but to resign.
Constructive dismissal payments are not in the same league as Unfair dismissal compensation payments.