Jump to content
LizzieJ

H&S Constructive Dismissal

Recommended Posts

Hi all,

 

I work in a private residential development for the management company.

On two occasions I have been subjected to violence in the workplace, once by a visitor and once by a resident.

 

When the visitor threatened me, police were called by my manager and it was dealt with properly.

Almost identical situation six months later but this time a leaseholder,

the manager refused to call the police, didn't speak to the man and then went on to issue me with a final written warning.

 

There is video evidence and I did nothing wrong but because I refused to turn my back on a man who was threatening me, I am on a final written warning even though there is video evidence of the whole thing recorded by a third party.

 

I have been told by ACAS that for contrcutive dismissal you have to work for your employer for two years, even if it is H&S.

They have advised the Whistleblower route which I know very little about.

 

I have had to hand in my notice as I can't work for a company that has no concern for my safety.

I have been misadvised by ACAS previously so just wanted to clarify the two year thing?

Share this post


Link to post
Share on other sites

Citizens Advice also seem to think you need to have worked for the employer for 2 years before you can bring a CD claim to an Employment Tribunal

 

https://www.citizensadvice.org.uk/work/leaving-a-job/dismissal/claiming-constructive-dismissal/

 

How long have you worked for them for?

 

I don't understand what you mean by "...because I refused to turn my back on a man who was threatening me, I am on a final written warning..". Could you explain a bit more?

Share this post


Link to post
Share on other sites

Hi, I asked a man to put his dog on a lead, which is my job. He followed me screaming abuse and threatening to hit me so I couldn't turn my back or risk being attacked physically. If I had ran away, I would ahve been accused of leaving the area without dealing with a situation. Because I didn't just walk away, I was accused of making the situation worse even though I didn't raise my voice or react in any way. When he walked away from me I left the area and reported it. It is all on video.

 

I have worked for them for just over a year.

Share this post


Link to post
Share on other sites

I have looked at the CAB website and if it is an automatic reason then it's less than two years ie H&S....... but ACAS have said something else but they advised me incorrectly previously.

Share this post


Link to post
Share on other sites

We live in a society going towards full americanization, excuse the made up word.

Companies will happily sack an employee who's been attacked by a customer if they receive a complaint.

I had to defend 2 similar cases this year.

They were both "saved" with a final written warning despite the union disinterest.

Regarding your case, you have now resigned, so not much you can do.

Use this as a learning point.

If you are ever attacked or abused during your employment, don't complain to your bosses first, complain to the police, then your bosses.

They tempt to be a bit more reasonable when the matter has been referred to the police.

And don't even think to put yourself in danger just for the sake of a job, if someone physically attacks you, defend yourself.

As long as you use reasonable force, you won't be doing anything wrong.

Put them on the floor, block them and call the police.

Share this post


Link to post
Share on other sites

I called the police myself after my employer made it clear they wouldn’t. Unfortunately it took the police five weeks to speak to the perpetrator and then didn’t take it any further. I went through the appeal procedure and they upheld the final written warning. I have raised a grievance which hasn’t yet been dealt with and only acknowledged once I handed in my notice.

Share this post


Link to post
Share on other sites

Well, you have resigned now, so unless you want to invest a lot of time and some money to have a little (not guaranteed) victory, I suggest you learn your lesson and move on.

If you are ever in a similar situation, workers have many weapons at their disposal (whistleblowing, grievance, counselling which may suggest sick leave, etc.)

Share this post


Link to post
Share on other sites

we Tried all of the above. Totally ignored by employer.

Share this post


Link to post
Share on other sites

Lizzie, did you raise a grievance over this?

 

 

People in the know should be along later to comment, but I'm thinking maybe you could speak to a no win no fee [NWNF] lawyer and see what they think. If they're willing to take your case then they think you have a chance and if they don't, you have your answer.

 

 

HB


Illegitimi non carborundum

 

 

 

Share this post


Link to post
Share on other sites

The grievance was not upheld as we knew it wouldn't be. We have responded as they have not answered the questions raised and refusing to admit it was violence at work as defined by HSE. It was a very aggressive person making threats and screaming abuse, invading space but they have acted from a customer service side rather than as an employer.

Share this post


Link to post
Share on other sites

If you were subjected to a detriment after you raised the grievance and issue, regarding say for example the health and safety of a worker (you), there may be a Whistleblowing claim - which does not require a qualifying service period.

Share this post


Link to post
Share on other sites

If it is your job to tell the man to put his dog on a lead then you have a whistleblowing Claim You definitely do NOT have a constructive dismissal Claim You could still bring a Claim for Protected Disclosure

 

 

 

However, there is time limit issue

 

 

When did the man/dog issue occur? The other side would try and claim that time limit starts from that incident

But time limit for victimization starts from the failure to uphold your complaint

 

 

You weakened your case by resigning too quickA judge would see your Claim as someone who regretted his action of resigning

Edited by honeybee13
Spacing

Share this post


Link to post
Share on other sites
Please fill in your quit date here

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?





  • Tweets

  • Posts

    • Thank you dx, will replace with Hbos. Will get on mcol this week to submit.
    • Hi ericsbrother - thank you for this, definitely will start reading up on this! I have a couple of weeks before I have to upload the defence onto the MCOL website so perfect opportunity to get a bit more clued up. After I submit, is there an average timescale for what happens next? 
    • Hello ericsbrother - the CCJ awarded in 2015 is for exactly the same amount that they are claiming for in their recent CCJ awarded letters - it can really only be for the same credit card. Unfortunately, I just ignored any letters received in 2015.  I've checked my credit file again today and no new CCJ's have been added and there are no new upcoming changes - so not sure how they can claim they have recently obtained a CCJ.  I'm not sure what to do next when trying to fight my corner. I've read if I contact these companies then the clock starts ticking again and they have a further 6 years to chase me. I would appreciate any advice - thanks
    • If you feel happy about that – then yes. I don't see that there is any disadvantage at the moment.
    • sorry but you are missing the point about how the connections are made and their likely influence. It dioesnt matter it here are a hundred mats connected if the mains link going into the board is done incorrectly. also your use of wording such as "the installation" doesnt give much help, yes the fire started in the thermostat but WHERE ?  the board has a number of parts that get warm but the most likey culprit is hwere the mains is switched on and off and that is the bit that is doen by the installer.  generally you will have a neutral tht stays "on" all of the time and mains that goes into a switch that is connected to the sensors that then  switch the power on and off whilst stioll using the live unswitched connection to provide the current for the low voltage parts of the system. It is qwuite easy to misred the installation of this as the same board may be used for several differnt systems and thus the links need to be made in a different configuration for each system. Confuse type 1 with type 2 and you may well be passing a current permanenty though the system causing it to heat up to a point of no return. that si why you need to get a decent copy of the circiut diagram (not the installation diagram) from the makers so you can pass that on to your tame electronics bod to see what they make of the remnants
  • Our picks

    • This is a bit of a lengthy one but I’ll summerise best as possible.
       
      THIS IS HOW THE PHONECALL WENT 
       
      I was contacted by future comms by phone, they stated that they could beat any phone contract I have , (I am a limited company but just myself that needs a business phone and I am the only worker) 
      I told future comms my deal, £110 per month with a phone and a virtual landline, they confirmed that they could beat that, £90 per month with a phone , virtual landline  they also confirmed they would pay Vodafone (previous provider) the termination fee. As I am in business, naturally I was open to making a deal. So we proceeded. 
      Future comms then revealed that the contract would be with PLAN.COM and the airtime would be provided by 02, I instantly told them that this would break the deal as I have poor 02 signal in the house where I live as my partner is on 02 and constantly complaining about bad signal
      the salesman assured me he would send a signal booster box out with the phone so I would have perfect signal.
      so far so good.....
      i then explained this is the only mobile phone I use for business and pleasure, so therefore I didn’t want any disconnection time in the slightest between the switchover from Vodafone to 02
      the salesman then confirmed that the existing phone would only be disconnected once the new phone was switched on.
      so far so good....
      • 14 replies
    • A shocking story of domestic and economic abuse compounded by @BarclaysUKHelp ‏ bank complicity – coming soon @A_Gentle_Woman. Read more at https://www.consumeractiongroup.co.uk/topic/415737-a-shocking-story-of-domestic-and-economic-abuse-compounded-by-barclaysukhelp-%E2%80%8F-bank-complicity-%E2%80%93-coming-soon-a_gentle_woman/
      • 0 replies
    • The FSA has announced large fines against DB UK Bank Limited (trading as DB Mortgages) - DeutscheBank and also against Redstone for their unfair treatment of their customers.
      Please see the links below for summaries and full details from the FSA website.
      It is now completely clear that any arrears charges which exceed actual administrative costs are unfair and therefore unlawful.
      Furthemore, irresponsible lending practices are also unfair and unlawful.
      Additionally there are other unfair practices including unarranged counsellor visits - even if they have been attempted.
      You are entitled to refuse counsellor visits and not incur any charges.
      Any charges for counsellor visits must not seek to make profits. The cost of the visits must be passed on to you at cost price.
      We are hearing stories of people being charged for counsellor visits for which there is no evidence that they were even attempted.
      It is clear that some mortgage lenders are trying to cheat you out of your money.
      You should ascertain how much has been taken from you and claim it back. The chances of winning are better than 90%. It is highly likely that the lender will attempt to avoid court action and offer you back your money.
      However, you should ensure that you receive a proper rate of interest and this means that you should be seeking at least restitutionary damages - which would be much higher than the statutory 8%.
      Furthermore, you should assess whether the paying of demands for unlawful excessive charges has also out you further into arrears and if this has caused you further penalties in terms of extra interest or any other prejudice. This should be claimed as well.
      If excessive unlawful charges have resulted in your credit file being affected, then you should take this into account also when working out exactly what you want by way of remedy from the lender.
      You should consult others on these forums when considering any offer.
      You must not make any complaint through the Ombudsman. your time will be wasted, you will wait up to 2 yrs and there will be a minimal 8% award of interest and no account will be taken of any other damage you have suffered.
      You must make your complaint through the County Court for a rapid and effective remedy.

      http://www.fsa.gov.uk/pages/Library/Communication/PR/2010/120.shtml
      http://www.fsa.gov.uk/pubs/final/redstone.pdf
      http://www.fsa.gov.uk/pubs/final/db_uk.pdf
       
      http://www.fsa.gov.uk/pages/consumerinformation/firmnews/2011/db_mortgages.shtml
      Do you have a mortage arears claim to make? Then post your story on the forum here
        • Like
      • 0 replies
    • 30 Day Right To Reject - Vehicle Casualty Report. Read more at https://www.consumeractiongroup.co.uk/topic/415585-30-day-right-to-reject-vehicle-casualty-report/
      • 57 replies
×
×
  • Create New...