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Hi everyone,

 

I have been having alot of problems at work for around a year and a half and in March I was verbally abused by my work collegue whom also pushed me. I put a grievancelink3.gif in following which was upheld, yet I have still been kept off of work for a month so far until the situation is sorted, yet the other individual is still at work. I have been treated differently and even the manager has been treating me badly she doesnt even talk to me anymore as she is very good friends with the other individual and it is a small company. I have told my manager previously about other situations and she just laughs about it. I even put in a complaint previously about the way that I am treated at work which was simply ignored.

 

I have been off work since then, yes I still have not returned! although the other party involved put in a counter grievance and it was held that part of hers was also upheld (in that I had been hostile towards her) which is true although this is because of the treatment that I had received. I had since asked for the minutes and was told that I could not get them due to confidentiality. It was suggested that mediation should be taken in order to give the company feedback to which I agreed and the other party didnt. As this was not agreed to I said that I was not willing to go back to the workplace until mediation was sort as my workplace should be made safe. One of the board members suggested that I should just go back and see how it goes and that in his opinion we should both with draw our grievances.

 

As this was not a option I have now been offered a compromise agreement of £1000 which they say works out to be £406 pay in lieu of notice if I agree to end my contract and the rest a goodwill gesturelink18.gif and a extra £300 for legal expenses will be reimbursed, a reference and an input into a statement that would be relayed to staff. I am not happy with this at all and am not sure what to do. I did ask the individual who proposed this offer if there was any other option and she said no.

 

Please could you give me some advice as I am not sure what to do now.

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Is the 'go back and see how it goes' option still available to you? Or has this option now been withdrawn?

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Im not quite sure as when I asked if there was any other options she said no. I did ask when the return to work date was and she said the 2nd of September but shes hopes that the negotiation will be concluded before then, so wasnt sure how to take that.

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What do you think the response would be if you were to email them saying that, after consideration, you will return to work on their specified date of 2nd September?

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I dont think they will be happy at all

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Probably not, but do you think that they would accept your return to work?

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I cant be sure but I dont think so

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You're going to have to Email them and find out. If they don't want you there, it's possible they will increase the offer. What would you feel most comfortable with?

Edited by joesoap
spelling

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The did say they are willing to negotiate although the offer they gave is no where near the offer that I would accept. I am sick of getting harrassed I just cant believe that they can get away with dealing with the situation in this way.

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Indeed, what do you want to do? Because I can't see an obvious satisfactory solution for you in this situation.

 

Either you accept the compromise agreement, maybe negotiating a higher sum.

 

You return to work (if permitted) with the situation unresolved. In which case it's possible that your days would be numbered in that employment anyway.

 

You tell them that you'll return to work on 2nd September and they don't allow you to. In which case you have a potential ordinary unfair dismissal claim.

 

Or you resign and claim constuctive dismissal, as your title suggests.

Your difficulty here is that (setting aside that statistically constructive dismissal is notoriously difficult to win) I don't think you have sufficient grounds yet.

Your employer would claim that they completed the grievance(s) and asked you to return to work. You refused, and they couldn't leave things in limbo forever so they offered the compromise agreement as an alternative.

Edited by mariefab

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Aye well, that's companies for you. As they have already offered you a settlement it appears to me that they do not want you to put a claim in for Con Dismissal with the Employment Tribunal. I don't advocate bribery but push the "return to work" offer and see waht they come up with. If they make your life hell (not nice, I know) you still have the Con Dismiss option. I would listen to any advice mariefab offers to you.

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Do you have a figure in mind that you would accept?

I would expect, as a starting point, 1 week's pay for each complete year of the employment and payment for any untaken accrued holiday entitlement to date. Any additional 'goodwill' payment should indicate how badly they want to get rid of you/ not be sued/ end the situation.

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Well I know that I could work another years there and I also no that they have treated me badly which £300 doesnt cover

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It's perfectly understandable that you would feel that way. Sadly, treating employees badly isn't unlawful so there isn't always a remedy for this.

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