Unfair constructive dismissal - what rights do I have

[darren.reading]

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.