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advice on constructive dismissal

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  • advice on constructive dismissal

    I believe that I have claim for constructive dismissal. I handed in my resignation about 10 days ago because I was harassed by my line manager after returning from my maternity leave in August. She made it virtually impossible for me to function normally at work by constantly micro managing me with excessive discipline in every task she gave me to do. Within 2 months of returning from my maternity leave, she put me on a PIP plan in October and said to me it would left open ended until my performance improves which I disagreed as PIP needs to have a start and end date. She then changed the PIP for 3 months starting from October until December with a mid term review in November where she told me that my performance didn’t improve and that the PIP needs to stay there till December and thereafter disciplinary actions will be taken against me.

    After my return since August, my manager was excessive micro managing every task, no appreciation for any work done but there were always criticisms and nothing seem to work. I feel all this was happening as I had raised a grievance against her a year ago which was requested to be taken back by the HR director as she promised me to resolve this case by talking to her and I took back my grievance and really don’t know if any action was taken against her but I feel this is one of the reason she decided to avenge it when I returned my maternity leave.

    I was surprised that she was allowed to change her working hours as she was pregnant as I too had requested to leave half an hour early during my pregnancy to avoid the rush hour but was asked to take a pay cut. Similarly there was another colleague who was allowed to leave early 15 minutes twice a week in order to another evening job. There was clear cut discrimination and favouritism towards my colleague who enjoyed the privileged of leaving 15 minutes by giving up their lunch break which was not given to me.

    I always saw that my line manager favoured my other colleague by letting her get away with things that were just blown out of proportion when it came to me.
    On raising voice against these issues, I was always asked not to complain or talk anything against her and that he was always doing a better job. I have a lot of such examples where she clearly didn’t do her job properly but no actions were taken what so ever.

    I just wanted to get some advice on this situation whether I have a leg to stand and pursue a case on constructive dismissal.
    Tags: None

  • #2
    Re: advice on constructive dismissal

    What reason did you give for resigning?
    "Family means that no one gets forgotten or left behind"
    (quote from David Ogden Stiers)

    Comment


    • #3
      Re: advice on constructive dismissal

      To be honest it is going to be very difficult to prove constructive dismissal now that you have already resigned. What you should have done is sought advice prior to taking the decision to resign as the first bit of advice in this situtation would be to issue a formal grievance against the manager. Yes you have been the victim of victimization and the hands of the manager and yes it likely stems from the earlier grievance, which you should have never taken back!.

      Can i ask what the earlier grievance was for? As i get the feeling the only chance of any successful claim here, is if we can prove harassment and bullying over a period of time and that the HR did not doing anything to protect you!

      Constructive dismissal itself is one of the hardest forms of tribunal claims you can do, its near impossible to prove unless their is a clear and obivious breach of contract or cause of conduct trying to force you out that can be evidentially proven.
      Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

      By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

      If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

      I AM SO GOING TO GET BANNED BY CEL FOR POSTING terrible humour POSTS.

      The Governess; 6th March 2012 GRRRRRR

      Comment


      • #4
        Re: advice on constructive dismissal

        @leclerc - I didnt mention anything on the resignation letter, just mentioned my last working date but I told my manager that I'm leaving because of her. I did talk to her line manager and told him that I resigned because of my line manager behaviour in the last couple of months.

        Comment


        • #5
          Re: advice on constructive dismissal

          @teaboy2 - Earlier grievance was against threatening to take disciplinary actions if she found me instigating staff to ask for benefits. Unfortunately, this is in the HR department.

          Comment

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