I was told on Wednesday afternoon that i was being made redundant and allowed to leave immediately and would be paid up until 16 August.On Thursday i sent an email asking the Director why me had i done something wrong and that afternoon received an email response saying sorry can you come back for a 2 week consultation period and a meeting. The staff all know,my clients know and my position is untennable. Is this constuctive dismissal?
Province/Country relating to question: uk
Hello and thank you for your question, which I will be happy to assist you with. Please let me know how long have you worked there for?
Two years and two months
in the event of a redundancy your employer has a duty to conduct a fair redundancy procedure, which would involve holding a consultation period and also seeking suitable alternative employment for you. So strictly speaking they should not have simply asked you to leave immediately as that would make the redundancy procedure unfair. However, they have tried to rectify that by asking you to return and ideally you should allow them the chance to do so. If you belioeve that your position has become untenable as a result of this then it is indeed potential constructive dismissal. The issue there is that this is a rather difficult claim to win and if you are made redundant anyway then you may wish to hold off for that and then consider claiming unfair dismissal,which is generally an easier claim to succeed with
I did mean unfair dismissal,rather than constructive.Will not returning to work jeapardise any later claim for unfair dismissal
well if at the tribunal the employer can show that even if they had followed the correct procedure you would have been made redundant anyway then any compensation they are asked to pay could be reduced by as much as 100%. So it is not necessarily going to be an issue if you don't return but you should consider it if possible
Expert in UK Employment Law
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