Constructive Dismissal / Workplace bullying advice

phostrogen

Was not sure where to post this but if there is a better forum them please let me know.

I don't want to go into too much detail at the moment but would like some advice over what steps I would need to take to prove constructive dismissal. The reason for this is I suffer a constant barrage of what I would call low level bullying and critisism, nothing big but just constant.

Examples such holidays I have booked to attend school events involving my children cancelled at short notice for no good reason. Holidays refused and then I am made to go begging to get them approved at which point I am expected to thank my manager for as she puts it bending the rules to accomodate me. Poor performance ratings given on a monthly basis for minor mistakes such as a mistyped words in a document. Excessive documentation required to prove what I have done each month when other colleagues produce little and still achieve good ratings. Phone calls outside of work at weekends to question and query work I am doing / about to do. I work for a large financial organisation and have done for 10 years until a year or so ago I reguarly achieved good appraisals (9 out of 9 years rated Good or above) and then I was displaced and moved to what the company see as a comparable roll. This roll is totally out side of my skillset and I have been given very little training to carry out my new job. Since this point my new manager constantly critisises me and says she expects more from me or I will get bad ratings. It's really starting to affect me to the point I talk to myself about work related issues randomly without even knowing I am doing it whilst at home. It is driving me mad and I don't know where to turn, sorry if it's a bit of a ramble, any advice of who or where I can get advice from would be great.

LTP123

Hi, I'm not the best person to give advice but didn't want to read and run. I had a similiar situation that I let go on for too long and ended up leaving. I didn't have the energy to fight.

Have you raised a grievance? This is the first thing you need to do and see what comes from that. Maybe ACAS or Citizens advice would be able to help you? I'm sure someone will be along with a better answer soon. Could you leave for another job?

Emmzi

Agree, you need to raise a grievance in orser to show you have given the company a chance to put things right, or you are on a hiding to nothing.

SarEl

I should warn you that constructive unfair dismissal is the hardest case of any to prove, and less than 3% of cases win at tribunal. The problem you will face is that you have both the biurden of evidence on you thoughout the case (this is true of no other area of employment law) and you must also show that the actions of the employer left you absolutely no other choice than to resign. The previous posters are correct - you will, at the very least, have to exhaust the employers grievance procedure. But even that may not be enough.

Because you will face, from the employer, a defence that says that this was not bullying but the proper exercise of managerial control over an employee whose performance fell short of expected standards.Whilst management should be consistant in their approach, you will struggle to prove that they haven't been. You have no right of access to files or evidence about the way that other staff in similar psoitions have been treated, it is highly unlikely that work colleagues will put themselves in the firing line by acting as witnesses on your behalf, and it will end up as your word against the employers - and in that scenario you will loose because it is up to you to prove everything that you say.

To be honest, I very rarely advise people to go down this route, and never unless they have no other choice and are prepared for the physical and mental toll it will have - quite often at a very high risk of loosing. Explore every avenue open to you before commiting yourself to this route. Is there any chance that you could ask to be redeployed elsewhere in the company? Can your company offer mediation services to help resolve this? Can you speak to HR confidentially to ask for advice and guidance? Exhaust any informal routes that may be open to you before you go formal - it is rarely the case that formal processes improve matters.

Keep a contemperaneous diary of all incidents in as much detail as possible. Stop answering the phone at the weekend - if you don't have caller ID, turn on (or get) and answering machine that allows call screening so you can ignore calls from work. If you are asked why you didn't return a call, say that you were away / too busy / picking up a dropped stitch from your knitting... or simply that you don't work outside office hours.

DVardysShadow

phostrogen wrote: »

Phone calls outside of work at weekends to question and query work I am doing / about to do.

Get OH to answer phone and say that you are on your way to answer. Get him to leave the phone off hook for 15 minutes and then hang up. If challenged, deny that you were ever phoned. She will soon get the idea about ringing you at home.

ohreally

SarEl wrote: »

constructive unfair dismissal is the hardest case of any to prove, and less than 3% of cases win at tribunal

Is this figure verifiable and if so from where?

I'd be interested in the detail i.e. clients representing themselves, no-win no fee representation etc etc.

SarEl

ohreally wrote: »

Is this figure verifiable and if so from where?

I'd be interested in the detail i.e. clients representing themselves, no-win no fee representation etc etc.

The figures are available from the Employment tribunals annual reports. These break down the statistics on all claims lodged, and the outcomes of tribunals by category of claim. Representation is not included in the figures of the breakdowns, but general statistics (all claims) around representation show that claimants are more likely to win if represented. However, I do not think this latter figure is representative of much - it is more likley to reflect that fact that a lawyer of any sort will not take on a case that cannot win, and there are a number of cases where self-representing claimants are "determined" that they are right when the law clearly says that they are not (i.e. it might not be fair in the world, but it;s fair in law) - so I would say these figures are skewed.

And figures from trades union reports evidence that in excess of 70% their claims win, which is substantially higher than the average - if I recall the last few years overall figures correctly, for all claims about 52 - 56% win.

But remember that even these latter figures are skewed - because they also include a high number of easy win cases because the employer has broken some pretty basic rules (like not paying staff or unlawful deductions), which are low value claims. The more complex a case the more risky it is.

The lowest win rates are (a) constructive unfair dismissal and the (b) all types of discrimination. I doubt it is a coincidence this is the case. In constructive unfair dismissal the whole burden of proof is on the employee. In discrimination cases the initial burden of proof is on the employee to show that discrimination may have taken place, after which it switches to the employer - and most claims fail the initial test I believe. So you always avoid going into a claim with the burden of proof on you if possible.

Savvy_Sue

SarEl wrote: »

Because you will face, from the employer, a defence that says that this was not bullying but the proper exercise of managerial control over an employee whose performance fell short of expected standards.

I fail to see how it helps to phone the employee at home, however pants they may be at their job ...

However I agree that the grievance procedure is the way to go.

OP, does the current manager manage anyone else? And do they get similar treatment to you? If so a group grievance might be worth while.

SarEl

Savvy_Sue wrote: »

I fail to see how it helps to phone the employee at home, however pants they may be at their job ... I wasn't suggesting that it does, but it can be explained. "We have employees home phone numbers so that on accasions we can contact them for clarification or to find out something we need to know. It's been normal practice, it certainly isn't bullying, and XX has never said it was a problem..."

However I agree that the grievance procedure is the way to go.

OP, does the current manager manage anyone else? And do they get similar treatment to you? If so a group grievance might be worth while.

The problem is, as I said, that of evidence. The burden of proof falls on the employee to prove this is bullying. And it is so easy for the employer to find explanations, especially if the employee has never said "Stop ringing me at home". Ringing employees out of hours to find a file or something does happen in some workplaces, and most of the time it is innocuous and nobody really bothers about it. The OP has to prove that it isn't innocuous and that it isn't ok - and if she keeps accepting the calls then that is going to be hard to do. That was what I was saying.

phostrogen

Just like thank everyone for their replies, lots to think about and I will certainly be making a more detailed diary of events. It's hard to describe all the things that I'm put through whilst none of them huge there are a lot of small things that other colleagues do not seem to have to do. Thanks again, I'll update this in a few weeks and let everyone know how it's going.