I'm looking for advice on Constuctive Dismissal please

Gome

I'm in sales. And am in a position at work where the company has reduced my wages as per my contract without warning. Also, there were a number of us on the sales team and now (despite the current employment environment) I am the only one left (in 6 short weeks) who has not voluntarily resigned. Might I add, they have all left without jobs to go to. That might give you an indication of the 'environment' in which I work.

At this stage I find myself doing all admin work (as the Admin staff were let go), a new recruit with no experience started and with no training in place I now have to baby sit them. I'm the only one selling and despite all, my targets only go up without any recognition on the sales environment or lack of it!

I could go on and on, but bottom line I have a family and can't be without work, however I also value my sanity.

I'm pretty low at the moment and am going to seek legal advice, but was just wondering if anyone has been pushed to the limit like this and if they were able to do anything about it.

Looking for a light at the end of the endless dark tunnel...

Darragh29

It sounds like that business is going to go to the wall sooner rather than later OP and is in the last stage of trading before running out of cash.

[Jackass]

Gome wrote: »

I'm in sales. And am in a position at work where the company has reduced my wages as per my contract without warning. Also, there were a number of us on the sales team and now (despite the current employment environment) I am the only one left (in 6 short weeks) who has not voluntarily resigned. Might I add, they have all left without jobs to go to. That might give you an indication of the 'environment' in which I work.

At this stage I find myself doing all admin work (as the Admin staff were let go), a new recruit with no experience started and with no training in place I now have to baby sit them. I'm the only one selling and despite all, my targets only go up without any recognition on the sales environment or lack of it!

I could go on and on, but bottom line I have a family and can't be without work, however I also value my sanity.

I'm pretty low at the moment and am going to seek legal advice, but was just wondering if anyone has been pushed to the limit like this and if they were able to do anything about it.

Looking for a light at the end of the endless dark tunnel...

There's another thread simular to this I posted in going into all the details of constructive dismissal etc., if you want to take a look.

But before you do anything, you must get legal advice about constructive dismissal before you enact it. It is your responsability to prove that the position you were in was made impossible to work in order to claim constructive dismissal and even if you do, you are awarded a compensation package, but probably not a whole lot more than you would get if you were made redundant, but with all the legal costs etc.

It sounds like the sales department has almost become surplus to requirement now (don't know what you do, but Sales is probably pulling in feck all money, barely enough to cover wages, and the company is living off different channells of business and existing contracts), so you may be either "transferred" within, or made redundant, depending on how bad it gets.

But you can't be fired, so speak to your boss, tell him / her you are now the sole employee of an office that had, for example, 6 employees 6 weeks ago, and you now have a trainee to look after, administration and also your sales role to look after. Your wages haven't changed and you will be doing your best, but tell him / her that you want to make them aware of the situation and that they can't have expectations of you to carry out all the work of a six person team on your own.

Even if you did leave on the grounds of constructive dismissal, you would be expected to show how you attempted to resolve the situation yourself and action you took to make the role workable which the employee still made unworkable.

Then, go home, have a long bath or go for a walk or something, come in the next day unstressed and cally sit down at your desk and begin to work. If things don't all get done, they don't all get done, and you work at a good pace, where you are working hard, but don't over exert yourself or become insanely stressed over trying to get everything done as that is completely unreasonable.

Then it's in your employers hands and it's their problem to sort it out. If anyone gives you sh*t, calmly state you're doing all that you can, but don't expect the back log to be cleared any time soon, but you'll get to whatwever they want done eventually.

If they persist and have a problem with it, just say you'll have to speak to my boss. We're short staffed at the moment, but he / she might be able to help you out.

And work away. Don't take any sh*t, and if you need the job, then just go in and do your job and don't allow anyone to get to you. But don't get stressed trying to do 5 other peoples work and your own and also don't let anyone expect you to do that either. Be very calm about everything, you're completely in the right, and let them freak out and get stressed, but it's not your problem.

Any manager worth their salt would sort this out themselves.