Summary
To prove constructive dismissal in England, show a significant breach of contract by your employer that forced you to resign without delay. Document evidence like emails and workload logs, and raise a grievance. Grievance steps include informal discussion, formal letter, meeting, investigation, outcome, and appeal. Redundancy payment is based on age, length of service, and weekly pay, with specific calculations for different age groups.Full Conversation
How can I prove constructive dismissal?
Hi ****! To prove constructive dismissal in England, you need to demonstrate:
- Significant breach of contract by your employer.
- The breach forced you to resign.
- You did not delay too long in resigning after the breach.
Can you describe the specific actions by your employer that led you to consider resigning?
My employer is deliberately reducing my workload in order to make me redundant.
****, to prove constructive dismissal due to reduced workload, you can:
- Gather evidence: Emails, workload logs, or any communication indicating reduced tasks.
- Document everything: Dates, specifics of reduced workload, and how it affects your role.
- Raise a grievance: Formally complain to your employer about the situation.
Have you already raised a grievance with your employer?
What are the steps involved in a grievance procedure
Hi ****! Here are the steps involved in a grievance procedure in England:
- Informal Discussion: Try resolving the issue informally with your employer first.
- Write a Formal Grievance Letter: Outline your concerns clearly and provide evidence.
- Grievance Meeting: Attend a meeting with your employer to discuss your grievance.
- Investigation: The employer investigates your claims.
- Outcome: The employer provides a written response with their decision.
- Appeal: If unsatisfied, you can appeal the decision.
Have you started any of these steps yet?
I haven’t started any steps yet
Hi ****! It’s good that you’re thinking about your options. Here are the first steps you should take:
*. Informal Discussion: Try to discuss your concerns with your employer informally.
*. Formal Grievance Letter: If the informal discussion doesn’t help, write a formal grievance letter outlining your concerns with evidence.
Have you tried talking to your employer informally about this?
Can your grievance be against the company or an individual?
Hi ****! Yes, a grievance can be against both a company and an individual. It depends on who is responsible for the actions leading to your grievance. Have you identified whether your issue is with the company’s policies or actions of a specific person?
How is redundancy payment calculated?
Hi ****! Redundancy payment in England is calculated based on:
- Age:
- Half a week’s pay for each full year you were under *.
- One week’s pay for each full year you were * or older but under *.
- One and a half week’s pay for each full year you were * or older.
- Length of Service: Up to a maximum of 20 years.
- Weekly Pay: This is capped at £* (as of April *).
Would you like more details on any specific part of this calculation?