Hi everyone I believe that I have a pretty strong case for unfair constructive dismissal, at least I will have when I resign, and I have a few questions that I ask you more informed people to answer! I have been in my role now for 15 months. I have had one annual appraisal from which no issues arose, and that was all up to a week or so back. I had a meeting with my manager whereby he stated that recent performance had lacked technical knowledge and experience as well as showing a lack of commitment, and therefore he had recruited someone else to perform part of my role, but that I would continue with the other part (call these parts X). I was to think about his proposal and am due to meet him again in a couple of days time to discuss the parts X that I will be doing going forward. I have since found a copy of the job decsription for the job offered to 'my replacement' and the job description contains all of these parts X as well as the tasks I was due to leave behind. This has obviously upset me so much, come as quite a blow, and more importantly than anything, left me with little to no respect for my manager causing me to feel unable to continue in my current role. Having researched the situation, I feel that I am a victim of unfair constructive dismissal. Unfair as no appropriate procedures have been followed with regards performance appraisal (which is my managers excuse for wanting to change my role apparently) and constructive as it has left me feeling unable to work in my current role. Would you agree? If so, what rights do I have? If I resign, do I need to work out my notice period, or because the situation has become so unbearable and because my employer has made me feel unable to carry out my role, is this necessary? I believe that the correct way to approach this is to raise a grievance and to then resign, but should I mention to my employer that I am considering this in the hope that we can reach an agreement without the stress for both of us of trawling it through HR and to a tribunal? What rights would I have assuming this all went ahead to request a reference? Also, I believe that one of the outcomes of a successful unfair dismissal appeal is that the employer has to offer you your old job back? If this is true (and correct me if I am wrong), do I have to accept, as I really do not want to work here still? I am keen to sort this in the most professional manner as possible, and do not really want to have to resign in such an economic climate, but feel no alternative option is available. Will all of this be taken into account in my grievance? Thank you so much for your help.

Hi there! Just after a bit of advice please! If I fill you in on the situation. I had a performance review back in June - all realatively good (2s or 3s out of 7) with the exception of speed (5 out of 7). Although these rating were verbally told to me at a performance meeting, I never received a final performance form from my manager. We clashed a little over the pay rise I achieved. He told me that he would propose a performance related bonus over the 6 months to December that he would agree with his boss. In my opinion he should have cleared this with his boss first before mentioning to me, however, when I approached him a week later to ask if he had been given clearance and to set out the performance benchmarks, I had not response, and still none to this date. I also found out that he had lied to me in the meeting about the level of pay rise and bonus he was awaraded this yer. So needless to say I have been under motivated and just working 9 to 5 for him, doing what I can within those hours in line with my contract, but the nature of the job requires an element of overtime and I have left him to clear the extra work that has arisen (effectively it is our joint responsibility to compelte this work). I have just had the first meeting with him on performance since June, and he has indicated that he wants to replace me. Poor performance has been given as the reason. I can understand this to some extent, though my performance has been good when I am here, I just haven't put in the hours that he thinks I should and that he has put in. So I just need some advice really. I am on 3 months notice. I assume that this has to be paid to me if he wants me to leave? If he wants to bring in a replacement for a handover before I leave, when does the 3 months notice period start? I have been with the company 18 months, am I entitled to any other compensation? Is there anything else that I should raise? Many thanks for your help.

Well yes, or even less if they need it ... it is a new position so no one is currently filling it so to speak ... so guess they could even find someone who just needs to give a couple of weeks notice or who could start immediately! Thanks.

Hi! Some help would be greatly appreciated from those who are more in the know than I! I received a job offer a month ago, which I accepted, and I have signed a contract of employment to start in two months time (notice period was three months). I have since applied for another job on a speculative basis, and have been offered it. I would prefer to be in this position rather than the one I originally accepted. I appreciate that I have signed a contract of employment for the first job offer I received. There is a probationary period of 3 months in which either I or the employer can give a weeks notice instead of 3 months after this period. How likely is it that they will hold me to this? Can I give the weeks notice before I even start working for them? If it comes to this, I take it there is no need to disclose any of this and just have my current employer as my last employer and reference? As I said before, any help is much appreciated. Many thanks.

Bump again then in the hope that someone may be able to offer some help or advice!

What is 'Bump' meant to mean?

Hi In June 2006, I took out a 6 month interest free Buy Now Pay Later credit agreement with Comet. It was for an LCD TV for £2,200. Due to Comet's error, the application was not recorded correctly, and no credit agreement set up with GE. In August 2007, I entered into an IVA. As no credit agreement had been entered into, I did not include this within my IVA proposal. In September 2007, Comet realised that the agreement had not been set up correctly after an audit. On seeking advice from CAB, I decided that the best thing to do was to agree to Comet that I would complete and sign a new credit agreement as they presented me with the proof that I purchased the TV but effectively had not paid and CAB informed me that they could legally chase this for 7 years. I informed Comet that I had entered into an IVA, and for that reason, I did not expect any credit score they would carry out to show me as a safe customer to grant £2,200 of credit to. Nevertheless, they set up a credit agreement and the six months interest free and Buy Now Pay Later period is up. I now need to make the monthly payment of approximately £100. As this was not included within my IVA proposal, I cannot afford to make this payment each month, as it was not included in my monthly budget. My questions are as follows: 1. If I do not keep up to date with payments, the agreement will go into default. What right then, do GE have to reposess the television? 2. Assuming the same situation arises as above, what would be the view of the IVA company as it explicitly states in my IVA proposal that no further credit be taken out. 3. What is the likely outcome if I were to contact GE and explain the situation stating that I cannot afford to make the payments. Are they obliged in such a position of financial difficulty to do something with the exchange rate and accept reduced payments from me? I am not looking to try and get out of paying this debt, I just want to find a way of reducing the burden on me and enter into a productive dialogue with GE on it. Thanks in advance for your help.

Thank you for your help, Ben. Do I send that letter to the DCA, or direct to the insurance company whom I think sent out the letter I made reference to above? I too am at logger heads as to how they think this relates to my wife. I had wondered following some other threads I have read and posts above whether it was a general 'fishing' letter sent out to any other ladies with my wife's name that appeared on the electoral roll. Would this be the case? Thank you for your help.

Hi. Just an update and a request for further help on this matter please. I sent the letter as above to the DCA last week. My wife has since received a response. It turns out that the insurance company is Diamond and they are claiming an unpaid element of a motor insurance policy. First thing to note that I thought was strange was that the letter was from Diamond, but that the envelope it came in was a Bell Insurance envelope, even though it appears both are part of EUI Limited. Is this likely to have been a mistake or does it suggest anything else to anyone? Secondly, the letter was set out in a very poor and very unprofessional manner - different sized fonts used for the Diamond address at the top of the letter and this was also all misaligned. The letter detailed that a policy had been taken out from date x to date y, and that on date y the policy was cancelled. The amount owed has been calculated by applying a daily rate to the number of days under cover and then a £45 administration charge has been applied. The letter makes reference to a policy number with Diamond, but does not make reference to a registration number or a car that was insured. To me, this suggests that the DCA has sent my request on to Diamond, whom they are acting for, and they have sent out this letter. It does not, however, seem to me that this proves in any way that the debt belongs to my wife, that she was the policy holder. One point to note, is that my wife doesn't even have a driving license! What I would like to do now, is reply to them again asking them to prove that it is my wife who owned this policy, and to ask them how they have come to write to her demanding this money when it is obviously nothing to do with her. Any help and advice would, again, be very warmly received. Thank you very much for your help.

Would a CCA even be relevant in this situation? When dealing with an insurance company, you don't sign a credit agreement do you? You just agree to pay any premium. Thank you in advance for your help. I really just want to put an end to this matter once and for all and prove to them the they are chasing the wrong person!

Thank you. So why should I not go down the CCA route? Since the debt definately is not to do with me / my wife, surely they will not be able to produce any documents showing that it is related to us, and therefore they will eventually end up in the position where they cannot legally chase the debt? Or does CCA'ing them suggest that the debt does actually belong to us? Many thanks for your continued help.

I have been doing some more searching on this wonderful site. With regard to the sticky above - is my agreement enforceable? As I noted above, after searching, the client of the DCA who contacted my wife is an insurance company. How, therefore do they have an enforceable agreement? If you take out an insurance policy and then do not pay, how does the DCA have an enforceable agreement in its posession? Thanks.

I have been doing some more searching on this wonderful site. With regard to the sticky above - is my agreement enforceable? As I noted above, after searching, the client of the DCA who contacted my wife is an insurance company. How, therefore do they have an enforceable agreement? If you take out an insurance policy and then do not pay, how does the DCA have an enforceable agreement in its posession? Thanks.

Thank you. Have you managed to get your predicament sorted?

Thank you. I thought the electoral roll had date of birth details? Surely it would not be a case of the same name and date of birth!?