Thanks For That Joe.. Just Looking Up On It... But As I Walked Out, I Dont Think I An Do Anything!

Basically constructive dismissal is when the working environs is so bad you feel you have to leave. I was getting(from one boss)continual "Well you know know what to do There are loads of people queuing up for your job(there weren't no one wanted it) If you don't like it move " In my case the boss moved but if I had left I would have gone for CD She was a pain in the butt like most of the management in the office !

If your boss made you feel so bad you had to leave you have grounds for Constructive Dismissal

In terms of the potential deduction due to 'holiday', it would appear to be similar to cases of overpayment.

So, they can hypothetically recover the overpayment from future salary. However, I don't understand how they can take the money away from your bank account once it is there


The ACAS definition of Constructive Dismissal is:

With regard to bullying, the TUC says:

Taken together with the ACAS definition, the company failed to protect the safety & welfare of their employee under the H&S at work Act, thereby breaching your conract of employment. As breach of contract of employment at that level should be taken to be a substantial breach i.e constructive dismissal.

However, you need corroboration/proof of the bullying.

You need to make a claim to an employment tribunal within 3 months of the date of your dismissal. An application form for this (IT1) is available from job centres or unemployment benefit offices, CABs, law centres etc.

Notify your previous work place that you intend to pursue constructive dismissal though an employment tribunal - they may come to a settlement before it comes to the tribunal. However, if a few of you get together enough evidence, you may do better with going through with the tribunal.


Finally, although I am fairly sure you have a case, I am not a lawyer, so seek definitive advice from your union or CAB.

thanks for that. have recently been told that it was due to them retracting the holiday pay, which is fair enuf, but theyve taken the whole lot! which is for mortgage etc!! u know how it is. and they are now working out what im actually owed and shud receive a cheque at the end of the month. which is useless to me! i just think they somehow shouldve just took back what was theirs or notified me, instead of what has happened. the management have made no effort to contact me upon leaving and any correspondence i have received has been via text messages thru other employees!! telling me what is going on!

Still think you should take them on. In this day and age bullying at work shouldn't be taking place. Besides which, the benefits include at least one month's salary (in lieu of notice), compensation for depleting your bank account (anxiety caused, bank charges etc), 1 month's lost interest and the thought that you have done some good by removing bullying from at least one work place.