Constructive Dismissal - grandfather called a "Jew gassing Nazi"

[demonlady]

Hi everyone

I have recently resigned from my former employers due to racist remarks (see title - my grandfather was Austrian, died in 1945 in WWII and was in the German Army, not something you had a choice in back then) and sexual discrimination by my branch manager from the moment I told her I was pregnant (sadly lost the baby). However, I have raised a grievance as I am in sales and really couldn't bear to stay there until the end of January 08 to get my commission. Part of my grievance is also use of the "C" word repeatedly by one other person in the office as well as my branch manager would you believe (this is supposedly a 'professional' organisation) and lewd drawings on whiteboards by this same former colleague (pictures of mens heads entering vaginas, derrogatory naked temp images, etc).

 

My solicitor believes I have a really strong case and if they don't sort out some kind of constructive dismissal deal, I could take them to tribunal (an ET1 form I believe does the trick) but I wondered if anyone else had come across this kind of thing and how they had gotten on.

 

To be honest, in all my years of working, I have never (I'm pleased to say) up until this point worked with such a foul bunch of people who are so rude and disgusting and yet call themselves professionals!!

 

Thanks everyone

[paulgmb]

Hi demonlady,

 

how awful, i dont blame you for walking out.

 

constructive dismissal is one of the hardest things to prove at tribunal but in the circumstances i dont blame you for walking out or wishing to pursue them.

 

a lot will rest on firstly how you resigned (what did you put in writing) and even more importantly how many former colleagues or former employees will back up what you have said, i.e witnessed what went on.

 

I do wish you luck with this case and i'm very sorry to hear of the loss of your baby.

 

best wishes,

 

paul.

[demonlady]

Thanks Paul.

 

I resigned due to all the bad behaviour in the office. As a top performer, it came as quite a shock to them all

 

It's a horrible thing to go through and of course people back off when they are confronted by these things, especially those who are still working there (which you can understand). I guess I have to leave it in the hands of the former HR department for now and see what happens.

 

I am so surprised this kind of behaviour is still happening with all the laws to protect us now.

[shywazz]

Sorry you felt forced to leave your place of employment, as bad as things seem, did you get any photograthic proof of these pics on the wall, and have you any proof of what your manager and staff said, also did you place a grievance to the company, if so have you got the paperwork to show this, and has the hearing been held ?

When these remarks were been said, did you report them straight away and get the complaint logged via hr and management.

You state the remarks were so up-setting that you felt you had no choice but to resign from your job, proofing constructive dismissal is very hard, and any proof you have or can get, will assist you further down the line.

Its very hard trying to get proof once you have left.

 

Companies have proceedures in place, that any grievance put forward to the company has to be heard within a time scale, and the findings/outcome be known to the person.

The company must have the right to put things correct, hence proccedures.

Having a great paper trail with happenings such as urs, is vital to secure success.

 

Hope you are on the road to recovery following the sad loss of the baby.

[cal37]

Sorry to hear about the horrible time you had in your work place.

 

As Paul has said, constructive dismissal is one of the hardest things to prove at tribunal but as you have told us, your own solicitor believes you have a strong case and you should follow his advice fully.

 

Hope things work out for you and please keep us posted.

 

Phil