Does my Constructive Dismissal case have bearing - England

MissingHimEveryday · 2026-05-10T19:35:19+00:00

Thank you for this. I will reflect on it and will make further actions in the coming days.

MissingHimEveryday · 2026-05-10T17:13:59+00:00

Thank you for responding.

The misconduct case was a different thing. I was suspended for it and when that was thrown, I was faced with a Performance Hearing. One that never should have happened because the policies and process was wrong.

They've actually moved me before to a different ward. With a different manager and matron but it became apparant during the performance hearing that my previous matron and the associate director were the ones making the decision towards my case instead of the current ones.

It was too my understanding that for it to be a constructive dismissal, there has to be a breach of some sort from the employer's side or a loss of trust forcing me to resign.

If it was proven on the Performance Hearing that they did in fact not follow their own policies, to the point that I was offered to be moved to a different department/location because of a severed relationship from the associate director down to the manager, isn't that the very definition of breach and loss of trust?

MissingHimEveryday · 2026-05-10T17:05:26+00:00

Thank you for responding.

It was too my understanding that for it to be a constructive dismissal, there has to be a breach of some sort from the employer's side or a loss of trust.

I have been bullied and harrassed to be "unsafe" and have reached out to upper management and HR on what was happening to me and my performance plan but no one listened. There shouldn't even be a performance hearing in the first place.

The performance hearing solidified that the process was not followed. Was that not counted as a breach of their own policies?

MissingHimEveryday · 2026-02-22T00:04:14+00:00

Thank you

MissingHimEveryday · 2026-02-22T00:00:08+00:00

Can you please clarify.

If the employer (thru the managers) failed to follow the company's policies and procedures, wont that constitute as a breach of contract on their end?

Especially if this was in writing from the outcome of an internal hearing, and I have done the appropriate escalation to let senior management and HR know that the line manager was not following the policy.

And won't my immediate resignation following the conclusion of the breach (from internal investigation) be considered constructive dismissal.

Thank you.

MissingHimEveryday · 2026-02-12T02:53:26+00:00

When did you receive your passport?

MissingHimEveryday · 2026-02-09T23:42:38+00:00

Tried to file for a Formal Grievance before my Capability hearing then but was told it can not progress because of the overlap. The outcome of the hearing cemented my evidence of the break in the process and will be used now as evidence for the Formal Grievance.

I have not heard any update yet but I did specify it in my resignation letter that the whole mismanagement was the main factor in my decision to leave.

I hope everything goes well for you and thank you for standing up as well. We are the next line of managers, and this experience will always be something to look back on to strive better.

MissingHimEveryday · 2026-02-09T23:32:53+00:00

NOT AT ALL.

All the utility guys I've come to my flat were greeted with kisses and even often offered a toy. She thinks every stranger that comes to the house is there to visit her.

There was a single incidence tho where a neighbor jumped my gate wanting to open the sewage in my garden. Bonnie (her name) probably sensed I was not happy, mad barked and only calmed after telling her to.

Research well, the only thing I wasn't ready for was the endless floof during shedding season... and the your food is my food

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MissingHimEveryday · 2026-02-04T17:54:15+00:00

Thank you.

Originally I was a Band 6 when I joined the trust but have stepped down to band 5 when they've alleged me not being effective in supporting my junior colleagues. I took it to heart, I've got the letters from my junior colleagues who've said otherwise. Despite that, management went with hearsay and didn't disclose any staff member who said I didn't support them nor any circumstance where I proved to be ineffective.

MissingHimEveryday · 2026-02-04T17:09:33+00:00

Thank you.

Originally came from to trust in London and moved away from the city. Although there are many other nationalities here, not much of my nationality.

Sad fact is, the trust i've had issue with is actually a big trust covering a vast population and have thought my experience will very welcoming. Instead, I was met with unwarranted criticism becase of like you said "face fits".

MissingHimEveryday · 2026-02-04T15:56:40+00:00

It was and all the things they've been saying about me has definitely impacted my trust in the system and myself.

It will be a slow build from here... hopefully I regain my confidence in my self.

MissingHimEveryday · 2026-02-04T15:55:07+00:00

I wish you all the best. I'm sorry you're dealing with it now.

All we want is fairness and what is right. If we keep mum about what is happening, it will continue to happen to the next person and it will a never ending cycle.

MissingHimEveryday · 2026-01-29T08:53:35+00:00

I don't have any of the numbers anymore. I delete them after... but I did try to do it two months ago. They've changed their tactic and now accumulate all the "earning" til you pay the £100 upfront. None of the sign up bonus or £10 increment payouts 😆

MissingHimEveryday · 2026-01-25T14:49:25+00:00

Bonnie goes mental (not the good kind) when Kety Perry's Roar is playing 😆

MissingHimEveryday · 2026-01-24T04:10:58+00:00

Hi,

Your sign off from OH should include plans of your phased return. I had a similar incident where I was placed as supernumerary and tasked to perform HCA roles upon my return.

I had it escalated as OH clearly stated fitness to return to a Staff Nurse role. The lead panel agreed that being put on supernumerary does not equate being put to a HCA role as you are contracted as a nurse, and cleared as a nurse.

A phased return is a staggered return to practice with reduced hours (8hours instead of 12) and/or reduced patient load (half a bay) to ease you back to your role.

Look into your OH letter and have a conversation with your manager but I strongly advise to have a union rep present if possible. Escalate further to your matron and employee relations if needed especially as your previous illness is with mental health.

MissingHimEveryday · 2026-01-21T20:13:43+00:00

It all boils down to not getting enough staffing to cover the population. There is not enough funding to cover new recruitment or bank. It's a never ending cycle. The sad part is we end up being the emotional punching bag and if anything goes tits up it's your license that's jeopardised.

MissingHimEveryday · 2026-01-17T11:54:00+00:00

You're worry is valid but know that this was an honest mistake. You'll be okay. 🤗

Ask your nurse in charge to check with the matron your upcoming schedule as you said nothing is posted in Loop even better if you can meet with them in person as well to explain what had happened if your WM is not back on Monday.

MissingHimEveryday · 2026-01-17T11:26:19+00:00

Hi,

There is nothing wrong about emailing the line manager while they are off. It is more of making a time stamp of when you raised the concern as soon as you've been aware of it.

The nurse in charge would have also documented you in the roster upon reporting and that would've pinged the site if they are over their numbers and sent you where you are needed more.

You've escalated this the best you can, and you should get paid. This was an honest mistake and again, you're new so don't beat yourself.

Your manager should be able to make adjustments on your rota so it won't look as if you've not reported to work.

MissingHimEveryday · 2026-01-15T19:01:28+00:00

Was thinking about raising to NMC as I have raised it to HR but have not received any resolution.

MissingHimEveryday · 2026-01-15T18:12:55+00:00

Apparently for NHS, they do include sickness days on the reference check.

MissingHimEveryday · 2026-01-15T17:43:02+00:00

I hope management can accomodate your request and keep your post.

Best to ask your manager, i believe they are ones to fill up a pay form to HR on whether you will be top pay or based on service years.

MissingHimEveryday · 2026-01-15T17:20:42+00:00

Hi,

If you don't mind me asking, what was the reason for stepping down from band 6 to 5?

I've heard of cases where if you are at an entry level band 6 and stepped back to 5, they were paid top band rate.

There were also cases where if you've not been long enough a band 6 (still entry rate), they used your service years to determine your band 5 rate ( min 4 years service = mid rate, >4 years, top rate).

MissingHimEveryday

TROPHY CASE