Areas of Law / Employment

At work, three new positions were created. However I could not agree terms and conditions with management, and they decided not to create the new positions after all, blaming me for the decision. Would I be able to claim constructive dismissal if I had to resign because I was shunned by my colleagues?

It depends how your manager deals with the situation. He or she has an implied duty of “mutual trust and confidence” among employees. If any ill-feeling at work was allowed to get out of hand while management stood idly by it’s possible you would be able to leave and claim compensation for constructive dismissal. However you would have to bring your problems to the attention of your manager and the victimisation would have to continue over a fairly lengthy period for you to be successful.

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