have i a case for constructive dismissal

I have worked for the same company for 7 years my first 2 of them being on a self employed basis. I have had the use of a company van to get me to and from work at various sites throughout england for the last 5 years. in nov of last year I arrived late at work after a doctors appointment which my site agent had been informed of. when i got to site i signed the sign in register during a conversation with the site agent and proceeded to work. 2 hours later i was called to the office by the director and reprimmanded for signing in at the wrong time. I apologised for my mistake and immediately ammended the register. the director continued to threaten me with accusations of fraud and gross misconduct and told me i may be sacked or have the van removed from my use as way of punishment. a couple of days later the director spoke with me again and said i wasn't sacked but he was removing the van from my use. I expressed concern that if he did so i would be unable to get to work for my usual time of 7.30am as public transport which was my only option could not get me to site until 9.30am. He said that wasn't acceptable but offered no alternatives. I was asked to leave the van on site at the end of the week and he arranged for a colleague to drive me home. the following monday i recieved my P45 in the post. I wrote to my employer immediately as none of my calls to them were answered asking what was going on. my employer said I had verbally resigned due to the fact i could not get to work. This was certainly not the case and i disputed their claims and requested a grievance hearing. the hearing proved fruitless and no soloution was concluded. After a few letters between myself and my employer i requested a second hearing to be heard in front of the MD. This was arranged for thurs 19th jan. however, at 8am that morning i recieved a call f the MD asking to meet with me unofficially. during this meeting he offered me my job back if I was prepared to lease the van from them and pay my own fuel costs. he also said he would reinstate my years of service and promised me a job under his other company of a different name. I asked for this proposal to be put in writing and I said i would consider it. he promised i would have the letter by fri 27th as he wanted me back on site for mon 30th. I never received the proposal but went back to work under the promise i would get it on my return. I have now been back at work for 4 days and i am being refused this written proposal based on legalities. I have an ET1 form submitted which my employer is aware of but he is hasseling me to withdraw it. I don't know what to do next. I have lost 3 months wages, been suspended from JSA due to my employer saying i resigned. I have returned to work but feel bullied into it and have to pay for a van that colleagues get for free. Please help.

i think you must have a case of discrimination as the otehr employees get free use of the van and you do not, can be taken through a tribunal through ACAS, they will give you a case handler if you do not have other representation

Don't listen to this - it is entirely incorrect. You have no case of discrimination based on van usage; and ACAS do not handle cases or represent people - they mediate if both parties agree.

OP. If I were to say that you resigned of your own free will, and that the employer simply allowed you to come back to work as a new employee, what evidence would you have that this was not the case? Because from what you say you have little evidence that this wasn't the case, and this is no doubt what the employer will argue. And the very fact, if the employer is to be believed, that you went back to work for them means that you will struggle to claim contructive dismissal because if they had acted sufficiently badly to repudiate your contract originally, the question that is going to be asked would be why go back?

I have had the van conversation on another thread elsewhere recently - the van belongs to the employer and if they choose to not permit its use on journeys to and from work then they can do that. They don't have to treat everyone the same. Technically it may be possible to have argued this was a change to contractual terms after 5 years - but if they enforced it no tribunal in the land would have supported you. It simply isn't a sufficient breach to repudiate the contract.

TBH, you really need to speak to a solicitor - this is not going to be a simple or easy case to win, and I doubt we could do it justice.

Thank you for your advice. It has been very useful. I am annoyed that I was punished for an innocent mistake and that a proper disciplinary hearing was not arranged in order that I could offer any explanation or defend myself. I know the company are suffering financial difficulties but i was angry that they forced me into umemployment by removing the van from me, while other employees and at the time sub contracters still had use of company vehicles. The van was never part of my contract but it was issued to me as part of an implied/ customary practice of the company when my own transport had to be taken off the road. In fairness i feel they should have made me redundant and settled my redundancy package or at least have given me notice in order that i could have found altermnative transport. Can a P45 be withdrawn by my employer and can my years of service be reinstated by the MD. or does it mean that because i received a P45 my years of service are automatically officially ended. also im not sure about the fact I claimed JSA andd if this has to be repaid if my service is reinstated. my employers are asking that I say to the DWP that I was absent without pay. I just don't want to get into trouble with the DWP. I have not been given a new contract of employment so i still don't know where i stand.

I understand how you feel - and actually I agree with you entirely. But hindsight is a wonderful thing and you handled this badly. You should never have settled a tribunal claim informally and without ACAS knowing and mediating - that's evidence of what is said and done. But yes, and employer can withdraw a P45 - they simply have to resolve this with the tax office. And yes, your service can be reinstated. If your service is reinstated, but not your pay then any JSA does not have to be repaid - if they pay you for the three months then yes, you must. You don't have to tell the DWP anything at all, and shouldn't. You certainly shouldn't lie to them. I have to say that you need to get all this in writing - if it comes to it in the future, a court is going to view this as a break in employment.

I haven't actually withdrawn the ET1 it is stilll active. My employer has asked me to withdraw it , which is why I asked them to put there proposal in writing, they promised this to me prior to me retuurning to work on mon of this week but have since denied me it. I am aware that any settlement will have to satisfy a COT1 which is why the written proposal was requested. I don't think my employers are aware of their responsibilities and my rights as an employee. Work is so important but under these circumstances it is proving extremely stressful. thank you most sincerely for your advice. it has helped me understand things a lot beter. one more question if i may.....Can i remain in employment with a company that im taking to a tribunal?

You can. But in this case it will possibly undermine your argument - how can you be unfairly dismissed if you work for them? But the damage is done - you are back.