Yes, I have heard of constructive dismissal, however, where I see the difference (and of course, I am a lay person with limited information in this instance) is that several parties have confirmed the employer in this case is following guidelines.
Anyone resigning, then claiming constructive dismissal has a long road ahead of them to prove it, and I don't believe there is financial support whilst the battle ensues, so that could take much longer than the 3 months wait for UC. Yes, the claimant could end up with a bit more cash, but trust me, it is not an easy trip, and full of extreme stress.
At the end of the day, it seems Max has to spin the wheel of risk versus reward.
One end point would be that max has stated a few times he would like to go back to this employer once the COVID problem has passed. My opinion would be that if he does elect to sue his employed for constructive dismissal, the prospect of that body re-employing him would be minimal to zero.
Anyway, I'm out of this. I have no skin in the game
Woah, woah, woah where did this come from,,,, where on the thread have I insinuated that I would sue my employer?>>?? No, no, no, the last people on earth I have a problem with in this situation are my employers. If the guidelines don't keep me safe then that's not the schools fault, they are doing everything correctly by Government guidelines. It's the government guidelines that aren't keeping me and others safe in schools NOT the school per se, or at least my school. So no idea where this idea has come from but suing my employer wouldn't even come into my thinking. They aren't doing anything wrong at all.
As for resigning and the tax payer paying for it, well what other options do I have? I've discussed work from home opportunities with my employer, and the nature of the job means no work from home is available at the moment because Government guidelines don't advise it for schools. Nearly everywhere else but not in schools. I've contacted my MP to ask what they are doing to help the vulnerable (the government says we are vulnerable remember) and it's been several months and she is "still" waiting on a response from the Department of Health and Social Care months on. GP's hands are tied and we have very much been left on our own so I have done everything I can possibly do to stay in my job but be safe but no support for that option is forthcoming.
As I have also said it's not just the risk of catching Covid. With masks worn by staff and my hearing impairment I cannot hear properly so I am unable to do my job at the standard required by both me and probably the school. What if a child is in danger and I don't hear the call?! What if I am in danger and don't hear a shout?! That in itself becomes a health and safety issue which in normal times isn't a problem but it is now. It's very likely that in a month or two if I have avoided Covid that I may get a call saying I no longer can perform my job to the required standard and that was echoed in a conversation with my line manager today. She agreed with my concerns on that,. I want the opportunity of coming back in the future to perform the role as I can if they will have me. The chances of that are lower if my performance diminishes due to current circumstances. If I get sacked I'll still be in the same position options wise.
Found out today that two of the four staff who have been off this week have Covid. No idea what is happening as I wasn't in today,,,,so,,,,considering that news do I stumble on blindly with a rabbit's foot in my pocket for the next six months or more or do I do something proactive to safeguard myself, considering it's us who have been left to our own devices.
The last thing I want to do is go on Universal Credit. I've explored every single other option available. I have two choices left. Stay and risk it or go and stay as safe as I can do which at least will be in my control, that's it. If I go, for only the second time in my life I'll be on benefits. If I stay yopu never know but that the tax payer may be picking up the bill for my stay in hospital anyway!! At least I'll be doing it legally unlike those who claimed Furlough fraudulently or the Government throwing away millions on Furlough by mistake.
I'll refrain from posting any more updates from my chat's with CAB and DWP. If anyone would like to know the outcome of todays chats for their own benefit PM me and I'll forward if it will help you,