Resign Constuctive Dismissal, Psychological Stress due to being Bulling and Victimised

[Tottydude]

Please can someone help me!

 

I Don`t know where to begin, but I will try......

 

I work for a large company and have done for the past three years.

The company announceda number of redundanciesdue the the credit crunch. As teams would be smaller I would be working under another manager. This manager has made my life and my familys life hell for the past three months. I did report him to his manager off the record, but has since been targeted by both of them. I have left work on the sick due to stress and will never never go back! I have made a grievance complaint to HR and have had my first meeting with them along with my manager`s manager who happens to like this person! I have recieved my minutes from the meeting and found that 39 of my comments were not added, I have requested them to be added.

 

Since being off work I have found another job and just want to move on with my life, but do not want them to get away with this!!! This manager has done this before and the company had settled out of court only last year. I have also sent a covering letter to the MD to make sure he is aware of the cover up his managers are doing. Below is my letter to the MD....

 

 

Dear Mr.......(MD),

 

I would like to bring to your attention concerns I feel you may not be aware of and are being kept on the sales floor.

 

I have raised a grievance against my Manager...... This action is being considered with regards to being “Bullied and Victimised”. I had made an informal complaint to ......(his manager) on the 22nd September 2008 . He was told to “back off” by his manager, but has since continued to victimise me. I have requested on a number of occasion to return to my local office where I was happy working. I feel let down by the company as my manager has, I understand, also been accused of bullying other members of staff that have since left the company.

 

I left work on Wednesday 14th November in tears. I have since spoken to my GP who has confirmed I am a victim of Psychological Stress and to remain off work until further notice. I was employed by the company almost three years ago and have enjoyed working on the team along with my past manager of whom I hold in high regard.

 

My concerns are that I feel I’m being set up to fail by mangers who are now closing ranks to protect themselves. Accounts are being taken from members of staff and given to more favored staff, leaving accounts to look under achieved but remain highly targeted. This allows the Sales Representatives to fail and for the Company to give disciplinary action leading to the resignation of representatives. Up until July 2008, my department had six fully skilled members of staff, of which only one is still employed. Surely someone should ask why retention rates are so poor? Morale on the sales floor is at its lowest, with many sales staff looking for positions within other companies.

 

I feel with great sadness that it appears I will be forced to leave a company and a role that I have otherwise enjoyed highly and in which have shown a degree of personal sales success. I have grown up since a youngster surrounded by the newspaper and was very proud to be working for the Company. My position was advertised, I was placed on a two week induction course, given a company car and received three years business support from my trainner. I have a very good relationship with my clients, namely.......and the local Councils etc.

 

I sadly resigned from the forum at Head Office because I was taken into two meetings, without notice, to see the assistant director for speaking out at the forum for ideas that I genuinely believed would bring in much needed revenue for the business. I also felt very unhappy that my manager was taking minutes, when I only reported him two weeks earlier. My manager enjoyed this meeting and has since abused his power as a Manger in the following ways….

 

 

 

• Bullying
  
• Victimisation
  
• Persistently wearing me down
  
• Offensive & Abusive behavior
  
• Intimidating attitude towards me
  
• Malicious behavior
  
• Insulting behavior
  
• Abuse of power
  
• Unfair penal sanctions
  
• Humiliation
  
• Making me feel unduly vulnerable
  
• Undermining my role and ideas
  
• Causing me undue stress
  
• Ridiculing me
  
• Excessively supervising and monitoring me
  
• Setting unreasonable and impossible targets so I’m set to fail
  

 

I`m off work with no pay due to this sickness taking my level high. Again, I feel I’m being punished for being sick when my manager put me here. I have two young children that will suffer this Christmas as I will not receive a salary.

 

Finally, I would like to point out that I am not a serial complainer and my work ethic has always been one to protect my Manager and keep challenges at a local level, but I simply cannot carry on in the emotional state I have been placed in by my manager. I ask only one question, “If your wife was continually crying and your children were not looking forward to Christmas, how would you feel?”. It’s breaking my heart.

 

Please find attached my first informal complaint. I have set a meeting with HR.

 

My Lawyers and Union Representative acting on my behalf are….....

 

 

Yours sincerely.

 

 

 

Please can you advise me on if I have enough to take this to court, and can I still go to court if I resign before HR has got back to me on the grounds of Constructive Dismissal. I need to resign in order to start my new job.

 

Do I also need to inform my new company that I am looking to take my old company to court, I don`t want to! This manager has swore at me, talked about my sickness in front of other members of staff and had been looking into the transfer of wages into my bank account.

 

Regards,

 

Tottydude x

[Bookworm]

Taking things in a different order from your post:

 

1 - If you're that unhappy, you should resign regardless as to whether you have grounds or not. No-one should stay in a job where they are made to feel that miserable, no job is worth that amount of misery. You're lucky enough to walk into another job, so go as soon as you can before that chance disappears!

 

2 - If you decide to resign, make sure you let them know that you are deeming yourself constructively dismissed as you feel unable to continue working under the conditions you have been submitted to since [date].

 

3 - I wish you had asked for advice BEFORE sending your letter to the MD. As it stands, this is a highly emotionally charged letter, but not much more. What you should have done and need to do now while it is fresh in your mind is write a diarised version of events like so:

date - time - manager says this.

date - time - manager does that. etc...

 

What you need to do is build up a picture of victimisation which taken one by one, would not amount to much, but when all added up, shows an ongoing campaign to demoralise, belittle and eventually make it impossible for you to stay on.

 

Unfair constructive dismissal is the hardest to prove, but it can be done. Either way, your mental health comes first, so get out asap. ;-)

[Tottydude]

Hi Thanks so much for your quick responce!!

 

I`m glad you mentioned "Diarised Version of Events" because at my grievance meeting I handed over a thirty two page document of events over the past three months. I made sure I saved the diary in my Yahoo email account so I was able to access the information anywhere and at anytime. I spent many night without sleep worrying about work, once awake I would go onto my Yahoo email account and document the event on that day and my feelings then send the email to myself at work and also back to my Yahoo email account, that way the document was saved and it also had a paper trail with a time and date of which I have many! I made sure before I left work I deleted all emails. I`m told there is a 2nd meeting tomorrow of which I am not aware of. I will keep you informed.

 

Thanks again!

 

Regards.

[pippadeee]

Hi Tottydude

 

Sorry to hear you're having a hard time of it - been there myself so know how you're feeling.

 

However having gone through it myself my advice is to cut your losses and run - you've got a new job to go to thankfully so hard (and very hard I know it is) as it is to do you're best off looking forward and try to put the bad experience of the old job behind you.

 

As others have said constructive dismissal cases are virtually impossible to win. The financial side ie compensation is negligible and most importantly in your particular case the biggest problem you have where any constructive dismissal case is concerned is you already have a new job.

 

Your current employer would argue you left because you had a new job to go to and not as you stated that it was because it was so unbearable with your current employer that you couldn't stay. Their case is stronger by the fact you've secured new employment before even the grievance process has been exhausted or rather whilst it is ongoing and before they have had a chance to put things right or at least provide any outcome or resolution.

 

No it's not fair and no it's not right but that's how it will be viewed in tribunal proceedings.

 

In respect to telling or not telling your new employer - well, if it did get to tribunal stages then my advice would be to say nothing. Taking a previous employer to court doesn't usually endear you to your current employer so best keeping quiet is my personal advice. If a reference is a worry however you may need to hint at it to your new employer then ie relations with your ex employer are sour because of an ongoing dispute with them etc but otherwise its all best kept to yourself. Thats my opinion for what it's worth and opinion formed from personal experience.

[Bookworm]

As others have said constructive dismissal cases are virtually impossible to win.

I didn't say that at all. I said it was the hardest form of unfair dismissal to win, which is a very different thing. It is harder to win because it is often difficult for the employee to show where they were undermined or bullied or harassed, especially if it is down with enough subtlety for it to be difficult to show a clear pattern.

 

It is however correct that the financial compensation, especially if you have another job to go to and have therefore not suffered in terms of unemployment, is quite pitiful and inadequate in relation to the amount of grief and suffering suffered by the employee, as the tribunal only takes into account the material loss and doesn't compensate for the mental anguish aspect.

[Tottydude]

Thanks so much for your advise. I was very luck to leave my job on the Tuesday and to be offered a BETTER job on the Friday. My feelings are that I don`t want them to get away this again!! I am one of many victims why should there be another!!

 

Thanks again.

[Bookworm]

Because sadly, that is what happens far too often... they have the power to hire and fire and unfortunately, most companies will get away with it. I got hounded of a job with one of the biggest names in the country and it cost them hardly anything to pay me off when I kicked off, because they could have produced a dozen managers to swear black was white in order to keep their own cushy jobs.

 

When it came to my husband and his employers made his life hell so that he would quit rather than make him redundant in the hope to save themselves some cash, we said enough was enough and took them to ET for constructive dismissal and won, but it was hard work for me (representing him) and in the end, with him being unemployed for only 3 months, the amount of compensation was negligible for the grief he got in the last few months of his employment.

 

We felt the same way as you do, and hoped that it would maybe make them think twice before doing it again... but the reality is that if they think they can get away with it with someone else, it won't make any difference.

[Tottydude]

I will go ahead with it!!! It’s not about the compensation it’s about how they made my life not worth living for three months and it affected my husband and children. One of my problems or worry is that I work for a National Newspaper who has top London Lawyers behind them and being a newspaper this would never be published which is why they keep getting away with it! I’m told by the union that bulling within Newspapers is rife.

[gemspan]

Hi there Tottydude

 

I'm so sorry to hear about what is happened to you at work. I was in a situation in my previous job where I felt very aggrieved and wanted to do exactly the same thing as you. However, I decided not to take it any further because the work I had to put into taking them on would have taken over my life and as far as I am concerned life is far too short!! I now have a new job that I start next Monday and, while it has been really tough for me the last 3 months, I am so excited about starting my new job that I want to put all my energy into that.

 

These companies know how to bend the rules and get away with things. I, too, worked for a large organisation - the largest in the UK! and bullying etc., is rife there also. Let them get on with it. For your health an wellbeing you must start to think about yourself and your future. Why let them continue to dominate your life. You have a new, and better job, and that's fantastic so well done you!!! Its your ex- employers who have lost you, you have lost nothing!!

 

I wish you all the very best in your new role.

 

Take care

Gemspan

[Tottydude]

Thanks very much Gemspan for your kind advice!

I have just received my Grievance outcome letter today that states I have no witnesses (due to my colleagues being scared for there own jobs) and my grievance of bullying cannot be upheld.

I am writing an appeal letter to the MD stating I am not happy that my manager’s manager is protecting this bully!

I am very concerned that the minutes from my grievance had 39 comments wrong or missing and, that I asked for them to be amended. Can they go ahead with an outcome when I did not sign the minutes?

I will be starting another job soon of which I am delighted with, but feel it is so wrong people are bullied in work and that the company gets away with it again and again!

[gemspan]

Hi there

 

I know how you feel and it is absolutely wrong that they do get away with it. However, an organisation is only as good as the person at the top and if they think its OK to pressurise people into achieving targets and this amounts to bullying, nothing you do will change this!!!

 

I'm really sorry this has happened to you but, if it were me, I would put it behind me and start again. Hopefully you'll really enjoy your new job and in a short time this will be a distant memory.

 

Possibly the reason you feel like this at the moment is because you havent started your new job yet and you have too much time on your hands. Rather than bring yourself down by thinking about this, why don't you spend what little freedom you have left before you start your new job to go and pamper yourself and enjoy the time!!!

 

Its very hard, I know, but you can't change the world. The only consolation will be that they will not be able to keep their staff and, very soon, one of them will cock up and they will find themselves in very hot water. You can't make people become a witness if they're scared for their jobs so there really is nothing you can do. It really annoys you, I know, it did me!!! However, I believe that life's too short so get out there girl and have a real pampering session. With what you've been through, you deserve it!!!!

 

In a couple of years time when you're settled in your new job, with your new workmates you will probably read something in the paper about them and you'll laugh!!!

 

Take care

Kind regards

Gemspan

[maybelline]

tottydude - I am sorry to hear about your problems.

 

I see this thing happening all over the place, we all know it insults our sense of justice and fairness, why isnt the bully sacked, removed etc etc.

 

on the other hand, reframing the situation helps - think for example how awful it is for the company that continues to encourage the bully, some day it will be their turn, and statistics prove that staff morale is low in this environment and staff turnover is high, productivity is affected in the end and who wants to be in a pond with snakes!

 

your life and enjoyment of it is far more important, you know the old saying, what goes around comes around, it is important to hang on to your sense of who you are, not to let the bully attack your sense of self for this is how they overcome.

 

the minute you say, 'you dont matter to me' you have the power back in your hand, walk forward and enjoy your life.

[shifty50dog]

Taking things in a different order from your post:

 

1 - If you're that unhappy, you should resign regardless as to whether you have grounds or not. No-one should stay in a job where they are made to feel that miserable, no job is worth that amount of misery. You're lucky enough to walk into another job, so go as soon as you can before that chance disappears!

 

2 - If you decide to resign, make sure you let them know that you are deeming yourself constructively dismissed as you feel unable to continue working under the conditions you have been submitted to since [date].

 

3 - I wish you had asked for advice BEFORE sending your letter to the MD. As it stands, this is a highly emotionally charged letter, but not much more. What you should have done and need to do now while it is fresh in your mind is write a diarised version of events like so:

date - time - manager says this.

date - time - manager does that. etc...

 

What you need to do is build up a picture of victimisation which taken one by one, would not amount to much, but when all added up, shows an ongoing campaign to demoralise, belittle and eventually make it impossible for you to stay on.

 

Unfair constructive dismissal is the hardest to prove, but it can be done. Either way, your mental health comes first, so get out asap. ;-)

 

Hi Totty.

I know what your going through heres some info for you try it with youe x employers.Ask for all your hr records written and electronic also copies of your complaints regarding these issues minutes from all meetings and all emails from the departments involved in your complaints and people involved name them and ask for all data that they have written and electronic.Do this under section 24 of the data protection act of 1998 this is free of charge and they must return this data within 21 days or they will be committing a crimminal offence and you can report them to your local police station and make an official complaint and this has to be acted on.Send this by registered post keep your receipt and a copy of your letter.Play dirty like these rats.

 

regards shifty i hope this helps.

[MCSbaiter]

I went through this whole thing at a University I lectured in.

 

The key thing to remember in today's employment / HR legislation is: if you feel like you're being bullied, you are.

 

Your employer has a duty of care to provide you with a safe, respectful place in which to work. The law is there to enforce that duty of care.

 

In my experience, I took my dispute to a point where, after being off sick for 6 months, I offered the university an option to 'let me go' with dignity. That translated into them paying me a few month's salary and giving me a glowing (if nauseating) reference.

 

My only piece of advice sort of echoes someone else (above): get out earlier rather than later. Life is too short to be in an unhappy environment - for any amount of money - and take my word for it, no-one in the HR / employment law system ultimately will really care two hoots for your emotional health when all's said and done.

 

That means the person who needs to take care of your emotional well-being is you; whatever the other side does or doesn't do. Life is short, and if you've got something more positive to move on to, consider moving on and letting this stuff go if you can.

[version302003]

This story is something that happenned to me 8 years ago, but. and theres a big but, I was the manager that stood by and watched the victim.

 

I dont mean i ever bullied anyone, i cant stand that and never have and never tolerated it any any form but as a manager of a large factory of 3000 people you can imagine there was several managers, some were horrid.

 

I saw managers make up stories to aid their position etc and dismiss on a whim and all i did was to keep away from them, they were not the sort of person a manager should be in my eyes.

 

Anyway one day I get a director that was one of these and I became the victim because i didnt / wouldnt conscript to his beliefs on how to treat people (whispering in my ear on an inspection that he wants "some gone" as they are useless).

 

I left soon after claiming constructive dismissal, yes it is the hardest form to prove but I won .

 

Im not the brightest in the class but im honest and treat people fair and that is far better than these horrid people.