Am I Being Constructively Dismissed?

Gal_Lad

Hi All

Since late November 2011 I've been placed on reduced days by my employer, along with four other employees, due to a short term / seasonal downturn in business. This was communicated to us as being a temporary arrangement and when things got busy again we would go back to full hours. Since then we have won three new contracts and when I'm in the office everything is busy as ever.

With this new business coming in the boss has not returned me to full-time hours but delegated portions of my role to other employees. These employees are not qualified or experienced to complete this work and they have stated this to me when asking for my assistance to complete this extra load. I've been instructed by my boss to concentrate on certain other aspects of my role which are office based due to my reduced hours and not to assist these employees in completing my old work. Fair enough!

My role also requires me to frequently travel to active client sites all over the country. Therefore the company provides me with a vehicle for this purpose and has done so since the beginning of my employment 4 years ago. My boss has now hinted to me that he will want me to return my company vehicle for use by other company personnel. I'm in a fix here. This means I've no way of getting to work/office which is approximately 40 miles away. I've told him this and he has suggested that I get a lift with another employee who travels near where I live on the way to work. There are no public transport options for me either.

I will still be required to travel to client sites on occassion and a vehicle will be supplied for this situation but I won't have sole use of a company vehicle anymore. I'll now have to rely on the other employee to get to work and also ensure she is travelling to work on the days I'm supposed to be in.

It just seems to me that he is trying to phase me out - I feel this is the case due to other conversations I've had and email correspondence received. He sees me as possibly an expensive overhead although I'm essential part of what we do and this is confirmed by all the people I work with. There has never been a question over my performance and I've been complimented on numerous occasions both internally and by clients for my quality of work.

The vehicle removal will be a big issue for me. I do not use it for personal stuff only for getting to work and then travelling to client locations. If or when it is taken away I feel I've no option but to resign from the company as this will see me placed in a very difficult situation with constant worry about getting to work, additional expense as well as wondering when I'll be returned to full time pay.

It clearly states in my contract that I will be provided with a company vehicle. I also feel that with the loss of this vehicle my overall renumenration has been significantly reduced too.

Is what my employer doing legal? Do I have grounds for constructive dismissal? At the moment I can't see any light at the end of the tunnel and am looking at all options like alternative employment, own business or emigration.

Thanks in advance.......

Mrs OBumble

I seriously think you need a good employment lawyer, ASAP.

If you're looking at other options anyway, then an negotiated settlement for you to leave may be the best option.

(Hmm .. is there any professional body that your colleagues could go to, to complain that they're being asked to do work they're not qualified for?)

Bandana boy

It sure sounds like they are trying to manage you out of the company.

Do you like working there ?
If so maybe a frank talk with the boss asking why he is trying to manage you out ? What can you do to change whatever concerns he has about you ?

If the vehicle is in your contract you could ask him to provide a car allowance instead of the vehicle.