Case for Constructive dismissal ?
Hello, this is my first time here, but would appreciate some advice.
An incident occurred where the building I work in was damaged by severe weather some weeks ago, and at the time, I was in a position of Assistant / Duty Manager. My GM was on a weeks leave, and I tried to call the MD to let them know (they are based off-site). Failing to get the MD by phone, I took photos of the damage to the building and e-mailed them to both the MD and the GM. A colleague also informed her Manager, who in turn said he would contact the MD as well. Fast forward 4 days, the MD came in to assess the damage to the property, spoke to me and then left. no mention of any problems with the way I reported the damage was mentioned.
At the end of that week when myself and the GM were on duty together, I was informed that I was being demoted over the handling of the situation, and that in the MD's opinion I was not fit for the position. I was also told that my further employment with the company was under consideration.
I have since sent a letter of grievance to the MD as no official disciplinary procedures have been followed - stating that I continue to work at my previous level under protest and that I wish to discuss matters further. I did receive an e-mail from the MD stating he would contact be within a week to set up a meeting, but that was now 2 weeks ago. No other discussions ave taken place at work, either formally or otherwise. I have heard from a colleague however that someone else has been trained up as a Duty manager on days I have not been rota'd on and that she has been offered the job. It also happens that the person in question is a close friend of the GM.
I have spoken to ACAS who stated that I MAY have a claim for constructive dismissal, but to speak to a solicitor first. I have been told by ACAS that my options are to write again to my MD and give him a further week to respond, or to immediately file for a Tribunal. They would not recommend which I should do in my case though.
What should I do as my next step ?
Anyone got any advice on this as I have been told that time is of the essence ? Any advice would be much appreciated.
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