An employee who claimed she was not told about her firm being moved has filed constructive dismissal case

duncan12
December 19, 2012

An accountancy employee is seeking compensation for constructive unfair dismissal and sex discrimination against her former employee.

She claimed that her firm had moved from Rubery to Kidderminster without keeping her informed while she was on maternity leave.

Jodie Rhodes of Headless Cross complained to a Birmingham Employment Tribunal preliminary hearing, that the firm had moved to Kidderminster and the new location was too far for her to travel.

Now she was seeking tribunal approval to go ahead with compensation claims for constructive unfair dismissal and sex discrimination against her former employers.

She alleged that when she was on maternity leave she was not kept informed about the firm’s plans and moving to a different location and complained that it was a breach of confidence and trust.

But the respondents opposed her compensation claims after denying they failed to keep her informed while she was away.

The firm said it had co-operated with Rhodes as fully as possible.

After considering the evidence, tribunal judge Lynne Findlay said Mrs Rhodes had made it clear she had no intention of returning to work because of her travelling distance to the new location.

This had prompted her compensation claim for constructive unfair dismissal, it was said.

Mrs Findlay said there was also a dispute about call over the job termination date and that Mrs Rhodes had also volunteered for employment redundancy even though the firm planned to keep her on.

The judge ruled that Mrs Rhodes could go ahead with her compensation claims although as it is it appeared that she had a little prospect of winning her case.

Considering the situation the judge said that the claimant should pay a deposit before the case could go ahead.

After the employment law solicitor, representing Mrs Rhodes, disclosed that she had several debts, Mrs Findlay said the deposit would be £200.

The one day tribunal hearing is to go ahead next year.