have I a Case for Constructive Dismissal ?

[JigaloJim]

My manager told me I was to take my managers post until his return ( 6 weeks ), they made changes that I had to implement, which angered the drivers. One mentioned bullying, so I repeatedly asked for management to inform staff these changes were coming from management. I was then told to perform two investigatory meetings on staff, I refused as I do not have the experience; they would not take no for an answer. This and the changes brought about an unfair bullying charge against me, which went to disciplinary. I was issued with a final warning, even though my past work has been exemplary. False statements were put in against me, and I have repeatedly requested these be investigated. I appealed this decision, and kept asking about my appeal.

 

Due to my repeated requests about my appeal, a manager caught me outside; and he said I should consider dropping grievance (false statements) and appeal, as my future depends on it. I dropped grievance, but demanded an investigation into the statements. A few days later, he caught me again and told me I had better drop the appeal blah blah blah. I emailed him back and told him I was going ahead with this appeal.

 

Since then my work reports have increased, my overtime which was a lot each week, was immediately stopped; I was told I was to go on flexi time as he wanted me to do night van audits. The final straw came when a supervisor thought he seen me smoking in a van, he had an informal chat and I explained that it was my smoke inhaler (letter from dr and hospital, stop smoking unit). This manager that has threatened me found out, and asked for a one to one meeting with me. At this meeting there was an HR person as well, and he told me that this supervisor and a written complaint from a client (councillor from council) had been given.

 

to cut a long story short . . . . This written complaint from a client has been denied ever being said by this manager, but is verified by the HR officer and supervisors statements. This would have gone no further but because he lied and added a fictional complaint he instigated an disciplinary investigation, which has now gone to disciplinary. On receiving copies of the statements, it is obvious he lied and tried to deny this fictional complaint, so as to get me dismissed.

 

I put in a formal grievance against this manager, where do I stand lawfully . . . Do I have a Case for Constructive Dismissal ?

[Montoonie1]

I don't know enough to help, but it's not clear whether you have left your job. As, I understand it "constructive dismissal" alludes to the fact you have left your employ under intolerable circumstances, such as sexual or racial discrimination, or harrassment of one form or another. if you're sacked wrongfully, then that's wronglful dismissal (I think). So if you've not left your employment voluntary or otherwise you have no "dismissal" case.

[JigaloJim]

I have to go through the processes, such as the disciplinary on the 16th and the grievance meeting on the 20th; I do not know the outcome of these. If they are not to my liking, can I leave and go for Constructive Dismissal, as I could not face any further treatment.

[Montoonie1]

JigaloJim

 

No one is obliged to work for any organisation, and particularly if the treatment they receive is poor, if down right illigal. What is clear, is that if they want to dismiss you, they'd better dot the "i's" and cross the "t's". Bringing any action for wrongfull dismissal is, I was told by a Union specialist, a complex and difficult endeavour and however angry and dismayed you might feel now, it may be best to hold onto the job you have rather than potentially shoot yourself in the foot. You can always attempt to find a new employer elsewhere and leave with continuity of employment and, most important, wages.

 

Get all the HR policies on the disiplinary process. Read and understand them. You can delay if they haven't followed their own policies - it seems slightly odd to me that on the one hand they've given you a final warning (where were the previous ones (verbal/written)), yet will hold a disciplinary??

 

I suggest you talk to a legal professional - an introductory conversation with an employment solicitor will cost nothing. Or ask your question at lawanswers (www.lawanswers.co.uk), they'll respond for free within 24 hours and they might provide, utlimately a no win no fee service.

[Montoonie1]

Sorry, forgot to add.

 

Ask lawanswers what the grounds are for constructive or wrongfull dismissal.

 

Keep the question simple to add to your bank of knowledge.

 

M!

[JigaloJim]

Thanks Montoonie, much appreciated