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splitting with violent boss.

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Comments

  • AnnieM_3
    AnnieM_3 Posts: 491 Forumite
    Leaving of her own accord because other members of staff made her uncomfortable would not be contrued as contructive dismissal.

    Making her uncomfortable might contravene the anti-bullying and harrassment policy, depending on what form it took. Also, if her ex started badmouthing her, or spreading rumours about her he could fall foul of the policy too. The company would be required to step in once they were aware of the situation. If they didn't attempt to ensure help her and she had to leave because of this, the company could be deemed to be contravening the health and safety aspect of the employment contract by not ensuring the workplace conditions were not injurious to her health (mental or otherwise), and that would be constructive dismissal.

    I think it would be a very foolhardy employer who didn't keep a watchful eye on the situation, and deal with it properly.

    AnnieM
  • peachyprice
    peachyprice Posts: 22,346 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    tanith wrote: »
    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)

    Apologies, mis-read OP :o
    Accept your past without regret, handle your present with confidence and face your future without fear
  • Savvy_Sue
    Savvy_Sue Posts: 47,845 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    MOVING THREADS FOR BETTER RESPONSES

    Hi, Martin’s asked me to post this in these circumstances: I’ve asked Board Guides to move threads if they’ll receive a better response elsewhere (please see this rule) so this post/thread has been moved to the Employment board, where it should get more replies. If you have any questions about this policy please email [EMAIL="abuse@moneysavingexpert.com"]!!!!!![/EMAIL].
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  • I'm not sure if she is wanting constructive dismissal as a pay out to solve her money problems. Not clear.

    She needs to contact HR immediately and explain the problem. They will help manage her work situation.

    To claim constructive dismissal she has got to report her problem to officials at work (not assume they must know) and give them a chance to help her to keep her job in whatever/or whereever that may be. If she just leaves without giving them a chance then it is not constructive dismissal.

    Constructive dismissal will need to be taken to an Employment Tribunal.

    If she is in a union, then she could confide in them and ask for their support when talking to HR.

    It may be that she can return to work and he will be extremely professional and manage the situation well. Not bully, harass or intimidate her. Why should staff be difficult with her, unless he or she tells them what has happened then they will not know.

    Her best bet is to contact HR asap, and ensure she says she wants it all keeping confidential.
  • jumpycheese1
    jumpycheese1 Posts: 4,300 Forumite
    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?


    Where abouts does she live? If I go on any supermarkets' websites for their store locators, I would find about at least 10 stores per supermarket chain within a 30 mile radius. Even if she works for a supermarket chain with smaller branches (Tesco Express, Sainsburys Local etc) she will be able to transfer to one of those, if her skills are needed in the smaller shops.

    Also, supermarket workers are very supportive with each other. At a previous job at another supermarket, I split up with my ex and was very upset. Even though I was only there for 6 weeks before the split, my colleagues were very warm and approachable.

    Did your friend meet her husband through work? Some companies have policies where couples shouldn't work in the same store, office dept etc because of this. My friends had their partners working in different depts at work. As their work doesn't make them work together - an example here is my friend works in the consumer customer service dept for a mobile network, whilst her partner works in corporate.
    "The reason we're successful, darling? My overall charisma, of course." -- Freddie Mercury

    Friends are kisses blown to us by angels - Anon.
  • altyfc
    altyfc Posts: 788 Forumite
    Where abouts does she live? If I go on any supermarkets' websites for their store locators, I would find about at least 10 stores per supermarket chain within a 30 mile radius.

    There are many parts of the country where you wouldn't get multiple stores from the same chain within a 30 mile radius. I live in Cumbria for instance and our nearest Tesco is probably 25 miles away, the next nearest probably about 50.
  • Loretta
    Loretta Posts: 1,101 Forumite
    This is a very particular problem and she needs sound advice very quickly. She should phone ACAS, not just look on their website actually phone them and discuss it
    Loretta
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