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LizzieJ

H&S Constructive Dismissal

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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?

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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?

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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.

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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.

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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.

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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.

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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.)

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

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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

 

 

 

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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.

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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.

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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
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