Possible case for constructive dismissal?

[InternationalT]

I am considering bringing a case of constructive dismissal against my employer, as he has subjected me (and other members of the workforce) to a subtle but sustained period of bullying. However, I am don't know if I actually have a case, and would like to be told what my options are.

 

Examples of the bullying include;

Humiliating individuals in front of other members of the team

Punishments disproportionate to any mistake made

Untimely feedback and criticism (effectively setting us up to fail in a task)

Blame for problems caused by others

Poor or purposeful mismanagement of time which results in staff regularly having to stay late

General manipulation of emotions

Ruling the office through fear and degradation

Volatility and unpredictability of the individual concerned

 

Additional support for these allegations is as follows;

3 out of 6 members of staff (myself included) will be leaving the company as soon as our bonuses are paid

I have visited my doctor to complain of bullying in the work place

I have been reduced to tears in front of complete strangers because of his actions (but I have kept the business card of these kind individuals and I think they would corroborate my story)

I have kept a diary of everything I have done for the company since I started, including recording the bullying behaviour of my boss post September.

 

To be clear - the bullying is not racially or sexually motivated. I am not singled out - two thirds of the team experience similarly unpleasant bullying. However, the nature of his indiscriminately bullying attacks makes them no less tormenting, and does not reduce the mental stress of working with such a controlling and poisonous individual.

 

When offered the job in March, I was told I could expect a bonus of "around £5,000" at the end of the fiscal year. On Friday we were given our figures, and all manner of caveats were added to my eventual figure of $2500 (approx £1,500). This is significantly below what I had hoped for, and highlighted how little respect my boss has for both the work I do, and the person I am. It is the straw that broke the camels back, and I am now seriously considering pursuing legal action to compensate me for the past 9 months of verbal and mental abuse.

 

Do I have a case? And if so, how should I proceed?

Thanks

[rebel11]

Hi International

 

Welcome to CAG

 

The guys will advise as soon as they are available. You mentioned $2500, is it a UK company?

[InternationalT]

I work for the UK division of an American company - my boss is American.

 

The bonus I have been awarded is in USD, but will be converted to UK pounds. However, on joining I was told to expect a bonus of around five thousand pounds not dollars.

 

I was given no reason to expect a smaller bonus - we have had a good financial year and I, like my colleagues, have worked very hard for the company. I do not know what bonuses my colleagues received, but I have reason to suspect that they were also let down by our management.

 

I will be speaking to my colleagues on Monday to see if they are willing to support my case, or if they want to join me in making a case for constructive dismissal for all three of us.

 

Thanks for your help - any guidance at the point is greatly appreciated!

[postggj]

Only around 5 % of claims for constructive dismissal are upheld

 

first question

 

have you or your collegues filed any grievance proceedures over this treatment

[rebel11]

Hi International

 

American companies aren't great with employment rights, have you raised a grievance or followed the companies internal Complaints procedure?

If you get to an Employment Tribunal, you don't want the employer saying, 'we thought everything was o.k. or we weren't made aware of any issues'.

The other thing is that Constructive Dismissal is difficult to prove. You could maybe all do a joint greivance, although your contract might dictate that it's done

individually. You could take the greivance to the next level of management or even director level.

[SarEl]

Only around 5 % of claims for constructive dismissal are upheld

 

first question

 

have you or your collegues filed any grievance proceedures over this treatment

 

Less than 3% actually. In constructive dismissal claims the burden of proof is on the employee throughout the case - they are exceptionally hard to win, and without clear legal advice to resign, you would be foolish to do so on this basis. In any case, before you could even make a claim you would be required to exhaust all internal procedures first.

 

In terms of any potential claim, I don't think it is strong. Bad management isn't unlawful (and neither, in itself, is bullying!) and as Rebel11 has observed, US companies have certain reputations for particular styles of management - and for resisting all claims strenuously. You also cannot make a claim yet anyway - you need 12 months employment to do so and you do not have that.

 

No contractual promises were made on the bonus - this is not actionable.

 

To be perfectly honest, if you reached the 12 months point, given that you would have to exhaust the internal procedures for grievances (and they can simply dismiss you up to 12 months for no reason), based on my experience of tribunals generally, what you would look forward to is nearly 12 months of waiting for a case to be heard (waiting lists are now typically 6 - 9 months), during which time you will be vilified and your honesty and integrity called into question repeatedly and quite legally by the companies solicitors who will threaten and intimidate you within the law, and unless you have a lawyer then you will have to cope with all this on your own. Followed by a tribunal with more ofthis. It is highly stressful and upsetting - there is no way around this and there are plenty of people here who have had to go it alone and will tell you just how bad it can be. And if you don't win - then what? No reference. No job.

 

I am sorry to paint such a bleak picture, but I doubt you will find anyone who will tell you that it's a bed of roses - unless it's the particularly thorny type of roses. I would suggest that keeping your head down as much as possible and getting a new job is the quickest and least painful way out.