Summary Sentence:
The Adjudication Officer concluded that the Complainant did not utilise the internal grievance procedure, rendering her resignation premature and unjustified. The complaint was not upheld.

Background:
Upon returning from maternity leave at the start of August 2023, the Complainant was offered a less favourable ‘scheduler’ position, with an increased workload. The Complainant refused the new role due to a lack of explanation from the Respondent. She was later informed that her previous role would be shared with another promoted employee if she insisted on returning to that specific position. Despite requesting meetings on August 2 and 14, she met with her manager on August 21, who confirmed the new role's conditions. Unhappy with the job duties and communication, she found the work environment was hostile and consequently resigned. She claims she never signed the revised contract and had used all grievance procedures.

The Respondent stated that the Complainant, employed as a Scheduling Team Lead at Kare Plan Limited since March 16, 2021, resigned on September 16, 2023, while on maternity leave. They stated that during her maternity absence, HSE audits necessitated increased scheduling requirements. As a result, she was reassured her duties remained unchanged, with additional tasks assigned to a colleague. Despite this, she resigned, citing uncertainty about her role and childcare issues. The Respondent cited a failure to utilise the company’s grievance procedure and argued that her resignation was unnecessary and did not meet the legal criteria for constructive dismissal under the Unfair Dismissals Act, as she had not exhausted internal grievance processes.

Outcome:
The Adjudication Officer found a conflict regarding the Complainant’s role revisions whereby they claimed it was a demotion attempt, though no demotion occurred. Further, that her evidence was unconvincing. It was held that the Respondent asserted that the Complainant accepted the revisions and would resume her previous role; working from home during maternity leave and was informed of changes on August 1st, 2023. It was noted they resigned on September 11th, citing uncooperative colleagues and fear of a hostile return; however, the Complainant did not use the internal grievance procedure. Constructive dismissal requires the employer's conduct to be intolerable and the employee to exhaust grievance procedures, which the complainant did not do. Therefore, the Adjudicating Officer held the resignation was premature and unjustified, failing to meet the legal threshold for constructive dismissal. The complaint was not upheld.

Practical Guidance for Employers:
To minimise the risk of constructive dismissal claims and ensure fair workplace practices, employers should:

• Establish Clear Grievance Procedures: Ensure that your grievance procedures are clearly outlined in the employee handbook and employment contracts. Make it easy for employees to understand and follow these procedures.
• Communicate Role Changes Transparently: When revising job roles or responsibilities, communicate changes clearly and in writing. Hold meetings to discuss these changes with the affected employees and provide justifications.
• Document Communications: Keep detailed records of all communications with employees regarding role changes, grievances, and resolutions. This documentation can serve as crucial evidence in case of disputes.
• Provide Support During Maternity Leave: Maintain open communication with employees on maternity leave and ensure they are informed about any significant changes to their roles or responsibilities.
• Encourage Internal Resolution: Promote a culture where employees feel comfortable raising grievances and confident that their concerns will be addressed promptly and fairly.
• Offer Mediation: If conflicts arise, offer mediation or other forms of dispute resolution to address issues before they escalate.

The full case can be found here:
https://www.workplacerelations.ie/en/cases/2024/june/adj-00049567.html