splitting with violent boss.

ashcarrot

My friends just split with her husband after he had violent bout with her (police was involved), unfortunatly he's also her manager (supermarket). Whats the best way for her to percede, can she claim constructive dismissal currently or has to wait until she goes back to work and things get tough (i assume an option is going to HR to discuss it but looking at all the options for her)
If she had to claim constructive dismissal how easy would it be to claim, i know she has some debts so any way of alleviating that would be good.

Thoughts suggestions etc welcome.

pink_princess

They would probably just move one of them to a different branch.She needs to speak to HR straight away .

jockettuk

i would ring up her hr department as soon as she knows someone is there and discuss it with them about a transfer only thing i would do i wouldnt go to work i would get a doctors sick note to cover the time off tas im sure what ever has happened has caused her injurys or at least stress this way gives her time away from him to sort things out with the company

shaven-monkey

i think it unlikely she'll be able to claim constructive dismissal seeing as she's married to the guy. Not really the company's fault, not their liability. If a transfer is refused then it may be possible to move for constructive dismissal but the employer is far more likely to agree to a transfer. Her husband should be more than happy to approve the tansfer if he values his job and promotion prospects. For some reason, people known to have commited domestic violence don't enjoy such a good working relationship with their staff.

ashcarrot

what if the distance between stores is too great (she doesn't drive) and i'd imagine the closest would be 30+ miles. Im thinking she should move shifts maybe to different ones of her manager which they should approve id assume. If the rest of the staff we're to take his side and make things unconfortable would that make it constructive dismissal?

tanith

ashcarrot wrote: »

what if the distance between stores is too great (she doesn't drive) and i'd imagine the closest would be 30+ miles. Im thinking she should move shifts maybe to different ones of her manager which they should approve id assume. If the rest of the staff we're to take his side and make things unconfortable would that make it constructive dismissal?

But its not the employers fault if the other branch is 'too far', also the employer cannot control how other employees 'feel' about the situation , if they take his side then thats up to them.. I really don't see how that could be the employers fault either...

Definition of Constructive Dismissal

A The legal definition is the termination of employment by an employee in response to a fundamental breach of contract by the employer.

peachyprice

Why do you think she will be dismissed?

Regardless of whether he is the store manager or not, her HR dept have a duty to support her and ensure he doesn't try to get her sacked because of personal differences. There are procedures that have to be followed before anyone can be sacked and these are not solely at the store managers discretion.

Her first course of action should be to contact her HR manager as soon as she returns to work, I would suggest as above that she doesn't return until she knows the HRM is going to be there, she can then discuss her options with them. If she feels the HRM will side with her OH she should ask to be seen by the zone or regional HRM.

AnnieM_3

Is the violence being taken further by the police? I would imagine it could have serious implications for his job - surely he/she could be suspended (on full pay?) while the police investigate, as I would think the same rules apply as if they were just 2 ordinary employees ie not in a relationship.

If he were to be convicted of a DV crime, I wouldn't think he would still have a job following a spell in prison.

Personally, I think he should be the one to leave anyway, as the party 'in the wrong' here.

AnnieM

peachyprice

ashcarrot wrote: »

If the rest of the staff we're to take his side and make things unconfortable would that make it constructive dismissal?

Leaving of her own accord because other members of staff made her uncomfortable would not be contrued as contructive dismissal.

yoni_one

I don't see any reason why your friend should have to leave her place of employ because her husband / boss was violent towards her.

I suggest she gives www.row.org.uk (Rights of Women) a ring ASAP for free legal advice and also she can seek outreach support from Womens Aid - local support services found on www.womensaid.org.uk

tanith

peachyprice wrote: »

Why do you think she will be dismissed?

Regardless of whether he is the store manager or not, her HR dept have a duty to support her and ensure he doesn't try to get her sacked because of personal differences. There are procedures that have to be followed before anyone can be sacked and these are not solely at the store managers discretion.

Her first course of action should be to contact her HR manager as soon as she returns to work, I would suggest as above that she doesn't return until she knows the HRM is going to be there, she can then discuss her options with them. If she feels the HRM will side with her OH she should ask to be seen by the zone or regional HRM.

peachyprice the OP is not saying that her friend would be dismissed by her bosses but that she would have to leave because of the situation, which she says might be constructive dismissal (see the definition)