Advise Please - Update & rant, apologies now.

[Frog]

OK folks, this is one I'm in a real quandry about. The MD at work is being really horrible to me and this has been going on since beginning of April. Her latest comment was "do you engage your brain before you come to work?" Then she asked me to prepare an envelope for a colleague in our Aberdeen branch. Fine, I simply typed said colleagues name on the envelope. She came out shouting "how was she supposed to post that to Aberdeen?" "In the Aberdeen envelope with the rest of the mail." "I want it to go seperately as I don't want it to get lost." "You didn't tell me that." It's at the stage where I'm looking for another job, which upsets me as I love it there if it weren't for her.

People at work (and out of it) are saying it's constructive dismissal and should involve the Union. I've got an interview on Tuesday with another company, which I'm not going to say too much about. (tempting fate and all that) but do I have a case? Or not? I don't know, I've never come across constructive dismissal before. Dive safely.

[Juz]

This is such a tough situation.

Firstly, if you are contemplating going down teh constructive dismissal route, I would recommend that you keep a diary detailing the type of events that you describe in your post.

I wouls also get as much paperwork together from other sources or previous managers that congratulates you on a job well done - emails, letters, performance appraisals etc etc etc.

Lastly, my real and genuine advice is to carefully and cautiously seek alternative employment. I've never been involved with this kind of case but i suspect it's just plain hard work and emotionally draining.

Juz

[Conor]

I'd tend to agree with all that Juz says. Gather everything you can, log everything that happens....but be wary of committing yourself to a long court action. They are a company, you are a person...it can hurt you more than them.

Have you talked to you boss about it?

[The Purist]

not a lawyer, but have had some dealings with employment law in the past...

the one thign I'd say to you is EVIDENCE. Get a paper trail, keep a diary, do things by email, get witnesses (e.g. a colleague to verify your understanding of an instruction before your manager throws work back in your face) etc etc etc. I've been on the other side of the fence trying to get rid of someone who was a right royal PITA to employ, did nothing etc. etc. despite this it still took an age to get rid of them lawfaully.

constructive dismissal is (AIUI) usually claimed when the employer has made it impossible for the employee to carry out their duties, and often involves a breach of contract by the employer. also it might be an idea to line up an employment lawyer to support you NOW so they can advise you on the best situation - that way you know where you stand rather than trying to build the case after you're gone.

FWIW if it's a large company they are unlikely to go to court over a CD case - the negative media reporting can cause more damage than an out of court settlement.

some info at

http://www.worksmart.org.uk/rights/v...on.php?eny=224

http://www.compactlaw.co.uk/monster/empf8.html

Naturally the best solution is to try to resolve this amicably with your boss - raise a grievance through HR and have a face to face meeting with your boss to discuss the situation, but make sure someone from HR sits in to arbitrate (that evidence thing again)

[Moray]

send 'er to me *growl* I cannot advise you in a legal sense, but you certainly have my sympathy!

[Frog]

It's exhausting - I'm not sleeping until after 00:00hrs due to worrying, and waking up at about 05:00hrs or so. Not funny at all, and I've been advised to keep a diary. I have done well at things and been praised, congratulated etc for it, and they said they would forward that in an e-mail. Nothing. I have come to the conclusion that they want NOTHING good about me on record. An appraisal has been done, but I've not seen the result. I mean, I was in trouble for not answering the phone in time. The fact the instrument only rang twice didn't seem to come into it. I'm going home in tears, in tears at home, not funny at all. I might just involve the Union after I get another job. Thanks mate. Dive safely.

[dry suit diver]

constructive dismissal is also a biatch to prove even with the paper trails and evidence. SWMBOs boss at her previous place made life extremely difficult for her, the Union were most helpful to her but advised that constructive dismissal cases are difficult, the guy got his comeuppance in the end though and she now works in a much more stress free environment at her new place.

Hope it works out OK for you.

Involve the Union now, thats what you pay the fees for.

[StokieRIch]

As you are in a union speak to them first. They may have some very sound advice.

If i were in this position and there was no union advice my first action would be to file an official grievance. If you work for a larger firm I am pretty sure the "have to" have a procedure. ( my company does and we only have 15 ppl including the 3 directors). With this filed the situation has to be investigated. As you say you like it where you are, its is better to try and get the situation addressed than have you forced out. It is no excuse but your boss may not realise the problem they are causing. ( i try and look kindly on people as far as possible) ( although rereading your original post they do sound like a prat)

I am one of the directors at my firm and this is the action i would like my employees to take in this sort of situation. It can be a bitter pill and any grievance is unfortunate, but i would rather fix something like this than put someone through the mill as you are.

Just my thoughts.

[Fiji Dave]

Originally Posted by Frog

An appraisal has been done, but I've not seen the result.

You can ask to see the appraisal and I don't think they can refuse to show you. In fact, there is very little information that they can refuse to show you, there is some, but not much.

Good luck.

[StokieRIch]

Originally Posted by Fiji Dave

You can ask to see the appraisal and I don't think they can refuse to show you. In fact, there is very little information that they can refuse to show you, there is some, but not much.

Good luck.

It comes under data protection rules, and i think they have to show you the whole file. However i am almost certain they are entitled to charge a fee. ( sounds stupid but i think it is true working from memory, in the really real world i always take advise on such matters)