Being pushed out/constructive dismissal

gordotempo

As the post says, it looks like I'm being pushed out or lined up for a fall. In summary, I work in an accountancy practice and one of the trainee accountants qualified recently. The firm isnt in a position to keep two accountants on the payroll and the newly qualified earns less than me and I've been asked to train him up in alot of my roles.

I understand it makes business sense to keep the cheaper option but is there anything I can do to protect myself in the sceanrio where I was fired as opposed to being made redundant.

LegacyUser

Hey, Just seen your post I was in that situation not too long ago & basically you know when your getting pushed out so your not imaging it!!!

My advice to you is to take note of everyting you are been asked to do basically keep a diary!!! Don't go into a situation one to one with boss cause it's his word over your's!!!

Don't show other co-workers your job role or train anyone in (please ask questions as to why you are training or showing someone your job role!!!)

Always remember there are people to get advice from: the labour relations commission they are great with these matters!!!

LegacyUser

Contact your Union and get advice.

Meanwhile don't train the other guy properly. I mean, be vague, tell him you don't have time.. concentrate in your work. Be nice to him, though, as this situation is not his fault. Don't mention this to anybody at work and don't complain about the training, simply don't do it.

[Jackass]

Well my understanding is that constructive dismissal can only occur if you walk out on the grounds that your employer has made your position untenable and that you have no choice to leave. (harrasment, exclusion, abuse, unfair treatment)

In this instance, there is a burden of proof on you that you must take your employer to a employment tribunal and give a satisfactory argument that this was the case and you may then be awarded compensation.

So far it doesn't sound like your employer has done anything to suggest you can no longer work there as a result of their behaviour.

In the instance of being fired, all of the usual legislative criteria apply. You can be fired on the grounds of disciplenary action (gross misconduct etc.), incapable of carrying out your day to day role, incompitent, don't have the capacity to preform your role etc...in the most simplified sense, as long as you come in to work every day and do whatever work there is to do (and it is not your responsabilty to ensure that there is work there for you, you can only do whatever work load is being produced by the employer) and don't do anything out of the ordinary (bullying, things that give grounds for dismissal etc.). If you are let go, you can claim unfair dismissal and the burden of proof is on your employer to show why you were no longer suitable for the role or why you were no longer capable to carry out your duties.

The only other instance where you can be let go is for business reasons and your role has now become redundant and you are surplus to requirements. (as seems to be becoming the case).

If this is the case and you are dismissed on these grounds, your employer is required to pay you a severence package. Open to correction here (you can look up all the employment law legislation etc. if you want more exact details on any of the above) but as far as I know the minimum standard amount the can be awarded is 2 weeks wages for every full year you have worked with the company (half and three quarter years etc. don't count).

If you're made redundant, there's nothing you can do about it.

If you feel it's more of a case that they are trying to make you WANT to leave, then I would first address the situation with your boss in a very informal and not at all confrontational manner.

You're more than entitled to have any job security concerns addressed and there's no reason why you should feel shy about it. Litterally just ask for a quick word and say exactly what you feel and why. e.g "Hi Tom, quick word? I have to be honest, I've had some slight concerns recently, I know Peter just fully qualified and there are 2 of us in the department now and I'm just wondering how things are going from your own perspective and do you envisage any problems with this down the line?".

Be straight up. At least then if there is a situation it can all be out in the open and no mind games going on, i.e. they'll know they can't make your life hell, as you're aware of the (if any) problems and it's been discussed. Once that ice is broken, it may not be so tabboo and everything can be out in the open, and your boss can either say, yes, this may be a problem in the future and it's something they're going to have to look at, or he / she may re-assure and say not at all, things are slow now but we've planned and have a stragey for recovery and in the short to medium term we'll see how this pans out.

At least everyone knows where they stand and there's no bullsh*t.

Best of luck with it anyway, but the bottom line is as long as you keep in and on time and preform whatever tasks expected of you, they legally can not fire you without severence pay.