ChatterBank5 mins ago
Do I have a case for Constructive Dismissal (please help)
Does anyone know if I have a case for constructive dismissal, I work for a company where I sit in a room next to a group of colleagues and one of my colleagues, who incidentally I sit next to has spoken to management about 1. Me starting work early and finishing early on a particular day, prior agreed with my boss
2. My integrity by questioning that the reason I went home sick and had the next day off was because I was feeling down and had a big workload where the rest of my colleagues stayed, where as in fact I had very high temperature and vomitting, I also for the record went back to work still feeling ill.
When questioned about the latter I unfortunately lost my cool and walked out of work, I couldn't believe that a) A company where I have worked for 8 year and have had 9 days sick off in the whole time, did not show a manager more backing when questioned, Am I right in saying that each individual's circumstances are to be discussed by themselves and their seniors only? b)Certainly I shouldn't have been told by these mangers who was the person doing the pointing, especially when it was a so called friend as well as a colleague.?Well my question is what to do next, my company have rung and asked me to have a few days off and go back, but still want me to sit in the same place, even after there has been heated words between my partner and my colleague.
I am thinking of writing a letter to my M.D informing him of whats gone and saying that I would like to be moved to another office, my immediate boss doesnt want me to do this and I think its because he feels he may get in trouble due to the fact that he has told me the person in question, but if I write to my M.D.and the letter goes on record and they dont move me and it happens again Iwill stand a better chance of constructive dismissal?
Cheers
Roonaldo
2. My integrity by questioning that the reason I went home sick and had the next day off was because I was feeling down and had a big workload where the rest of my colleagues stayed, where as in fact I had very high temperature and vomitting, I also for the record went back to work still feeling ill.
When questioned about the latter I unfortunately lost my cool and walked out of work, I couldn't believe that a) A company where I have worked for 8 year and have had 9 days sick off in the whole time, did not show a manager more backing when questioned, Am I right in saying that each individual's circumstances are to be discussed by themselves and their seniors only? b)Certainly I shouldn't have been told by these mangers who was the person doing the pointing, especially when it was a so called friend as well as a colleague.?Well my question is what to do next, my company have rung and asked me to have a few days off and go back, but still want me to sit in the same place, even after there has been heated words between my partner and my colleague.
I am thinking of writing a letter to my M.D informing him of whats gone and saying that I would like to be moved to another office, my immediate boss doesnt want me to do this and I think its because he feels he may get in trouble due to the fact that he has told me the person in question, but if I write to my M.D.and the letter goes on record and they dont move me and it happens again Iwill stand a better chance of constructive dismissal?
Cheers
Roonaldo
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to be perfectly honest, the way you have described it sounds like you are making a mountain out of a molehill. Do you want to leave? is someone questioning why you are off sick really something to hand your notice in over? Cant you just speak to the person concerned and say you feel disappointed at his comments and can you both let it lie now? I dont know much about employment law but i would have thought that anyone looking from a constructive dsmissal angle would wonder why the hell you left over something that seems so trivial (i know it dosent seem trivial to you, but give it a few days and it might)
Hav you another agenda you havent told us about? Do you want to leave? If this had never happened, would you be thinking about leaving?
your manager sounds a bit crap really, as it could have been very vry easily sorted by him/her saying 1) roonaldo has a prior arrangement about hours that is none of your business and b) an employee being off sick is something for me to worry about not you
Hav you another agenda you havent told us about? Do you want to leave? If this had never happened, would you be thinking about leaving?
your manager sounds a bit crap really, as it could have been very vry easily sorted by him/her saying 1) roonaldo has a prior arrangement about hours that is none of your business and b) an employee being off sick is something for me to worry about not you
Hi
Constructive dismissal is not going to provide you with anything per se. CD is a recognised term which allows someone to claim for unfair/wrongful dismissal.You cannot just make a claim for CD and be awarded for it. It is only the first step in a ling and stressful process and should only be undertaken after you have sought advice on your situation
To be honest, if you resign over this incident I would doubt any Employment Tribunal would grant you the right to make a claim.
It would be better to look at your company's grievence proceedure. Speak to your line manager, speak to the person concerned. Try to resolve this without legal intervention.
If you are just unhappy ...find another job and leave.
Hope this helps
Jo
Constructive dismissal is not going to provide you with anything per se. CD is a recognised term which allows someone to claim for unfair/wrongful dismissal.You cannot just make a claim for CD and be awarded for it. It is only the first step in a ling and stressful process and should only be undertaken after you have sought advice on your situation
To be honest, if you resign over this incident I would doubt any Employment Tribunal would grant you the right to make a claim.
It would be better to look at your company's grievence proceedure. Speak to your line manager, speak to the person concerned. Try to resolve this without legal intervention.
If you are just unhappy ...find another job and leave.
Hope this helps
Jo
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You can only succeed in a claim for constructive dismissal if you can show the employer has acted in a way which constitutes a fundamental breach of the employment contract. In my view, there is no way what you describe meets that.
It certainly sounds as though the manager has not handled this sensibly, but it ought to be able to be resolved with a talk of you, the complainant and the manager to clear the air.
It certainly sounds as though the manager has not handled this sensibly, but it ought to be able to be resolved with a talk of you, the complainant and the manager to clear the air.
Thanks for all the advice I have been in seeing the general manager this morning as well as speaking to the friend/colleague and now have evidence that it was all fabricated by the general manager and he has tried to say that we me/colleague have personal problems,I am going to stay for now, but you are all right with your description of the GM a complete ******
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