Can i claim for constructive dismissal?where do I stand?

mumof2:D

Basically,

I started a role feb 2011,worked as a BDM with 3 men. My role was to gain new tenders,contracts and arrange meeting with construction companies for the other 3 BDM's.

Everything was going fine untill my boss went on holiday. One of the men I worked with barged into my office and started telling me how to do my job,that my papers should be organised a certain way so he could go through them when needed(he had no need to touch my things nor had any authority to have a meeting with me to tel me how to do my job- I also did this role in the role before so I knew what I was doing.)
One of the other men I worked with seen what he was doing so when my boss returned to the office he went and has a word with my boss- then my boss had a few words with the other bdm. I thought all was sorted.

I had to get the bdm to mark off the apps he attended that I got him so I could gain my commission. Some months he would turn round and say - well I was also chasing that one before you got the app so I will have one therefore its mine. Bear in mind he got 1% comm on all the quotes he sent out and I only got £10 per lead lol.

Anyway- things went on, the bdm was called into my managers office several times due to the way he was treating me.
My manager had gone on holiday and I got in a major tender worth alot of money and was so proud of myself, so I passed it to a bdm that was dealing with the area the tender was in. The bdm that was bullying me took the tender off the other mans desk and said I will have this. I basically fought my corner and said no you wont,its not your area its nothing to do with you. Then i got barraged with abuse and a broke down crying infront of other office staff including contract manager and the admin girl. They told me to report it to thr MD of the company who was in the building as he had previous warnings for bullying the admin girl. I went and spoke to another bdm who knew about everything that was going on and he said that he would be telling our manager.

Before this incident I was receiving nasty emails from him, he wouldnt go to the apps that I booked in for him as he didnt want to therefore leaving the quantity surveyors calling me up asking where the hell he was and me looking stupid and then losing tenders and relationships with the companies!!

Anyway it all came to a head when, my manager wasnt in the office and the bdm and the other man I worked with decided to change my job role. Saying I didnt need to book in apps for them anymore,that I dont need to do anything- this was my job- to book in apps and gain tenders,and if anything came in for the other bdm then it should go straight to them. I asked them if my manager knew about them trying to change my job role and they turned round and said no but he will agree anyway so just do as im told. As im aware no one can change my job role but my manager and thats only if I agree.

Anyway the other bdm who was supporting me got wind of what was happening and went straight to the manager. I was called into the office,was told there would now be a meeting with the bullying bdm and the manager and then the whole team.

My manager then decided to go on holiday,didnt bother to do anything about the 2 men.
I went to my doctor got signed off work due to stress and anxiety for the 3 days I had left in the week.I emailed my work to tell them I would not be in work due to the problems that were happening. I got no response,not 1 email or call.

now 6 weeks down the line, I wanted to return to work I felt I was able to go back to work and deal with the bullying and stress this man had put me through and sort it out once and for all as I loved my job just not the treatment.
I then received an email from my boss after i got in touch to come back stating that until i produced my sick note and a reasonable explanation as to why I was not in work they would have to have a meeting.

I emailed them back stating the reasons why,there were fully aware of the situation and chose to so nothing. I got no response so I emailed my MD and told him the situation.I got no response from him. Then I hadan email from the HR man who works in the same office stating that I should come in for a meeting the next day with all the proof of my bullying allegations. He then had the cheek to turn round and say if they had been advised of the situation there would of been a meeting held!!

So I emailed the HR man back who also does the accounts and stated I would not be attending the meeting,was too short notice and was not prepared to have a greivance meeting with my manager when he was very good friends with the man in question and did nothing in the first place.

I had a letter back saying that i need to come in for a meeting the day after i got letter with the HR man.All the men in the office drink,golf go out together so how the hell the meeting is meant to be no biased i have no idea?
What do i do now? No matter how many times my manager was told about the bullying he did nothing. Now I am been made out it is all my fault. Can I file constructive dismissal against this man?

Any advice would be great thankyou.

19lottie82

I'm pretty sure you don't have a leg to stand on, as you were there for under a year, sorry.

SarEl

mumof2:D wrote: »

Basically,

I started a role feb 2011,.

Before I read the rest of the post - can you clarify whether you started with this employer in Feb 2011 or whether you already worked for them. Because if you have less than 12 months employment then the rest is irrelevant - the answer is that you cannot claim unfair dismissal.

mumof2:D

Yes I started feb 2011 but I havent left the role yet. They are not letting me return. They are making it really difficult for me to go back.

mumof2:D

I am only getting sick pay since november - I asked to return at the start of December and I have not been able to return yet so unable to earn a full months pay. If I am willing to work and they are doing everything they can to stop me what can I do.

They are a really tight knit small company. There is only about 12 people in the office. The only back up I have is the BDM that was sticking up for me and backing me up to my manager.

Mara69

Have you provided sick notes for your entire period of sick leave?

milliemonster

Having been a BDM myself, I can perfectly understand the frustrations you have had with your job and your colleagues 'interfering' and gaining the credit for your successes, however, why on earth did you email in sick????/ in a role such as this where you have to be customer focussed and have excellent communication skills, good negotiation skills etc etc, it really didn't do you any favours by emailing to say you would be off sick, this is a real no no. I am also confused as to why you said you emailed you would be off for the remaining 3 days of the week and then in the next sentence you said '6 weeks later when i felt ready to return...', do you mean that in that intervening period you had no contact with your line manager at all? If so, then I can understand perfectly why they are now taking the stance that they are.

If, after your email stating you were sick you heard nothing from your manager, didn't you think at any time that you ought to follow it up with a phone call to ensure they were fully aware of your circumstances?

Irrespective of whether you have been there less than a year or not, this really wasn't an adult way to go about calling in sick and to follow this up with a flat refusal to attend a HR meeting regarding the issues is just going to exacerbate the situation. If you felt you were being bullied then you needed to have collected evidence to support this, word of mouth isn't enough.

You HAVE to attend the meeting they are asking you to, even if that means organising an alternative date, and I would fully expect in your shoes they are going to look at dismissal based on the information you have given so far.

Emmzi

as I read it
- you have not raised a formal grievance
- you have not provided a sick note from the time you were absent from work

that weakens any case you may have had to, well, zero.

Even considering you have been there under a year.

mumof2:D

Sorry, in my post I had stated that my manager was meant to have a meeting with the other man and didnt, and instead went on holiday for 2 weeks abroad. This was when I went off sick, I rang the office to tell them and they said to put it in an email to my manager which I did.

I had no response from my manager and did ring the office several times to be told my manager was in meetings. I didt just go off sick and not contact so please dont start saying how unprofessional I am.

Even after I had called and emailed I had no repsonse from my manager regarding my sickness no matter how many times I contacted them.

SarEl

mumof2:D wrote: »

I am only getting sick pay since november - I asked to return at the start of December and I have not been able to return yet so unable to earn a full months pay. If I am willing to work and they are doing everything they can to stop me what can I do.

They are a really tight knit small company. There is only about 12 people in the office. The only back up I have is the BDM that was sticking up for me and backing me up to my manager.

Less than 12 months and you can't make a claim. Nor can you make a claim if you haven't exhausted intrenal procedues. And there is more than a 97% chance that you will fail in any such claim.

But your information is confusing - you say that they have been / are refusing to allow you to return to work. You appear to be salso saying that your employer claims to have no sick notes and that your absence from work has not been explained.

You also need to be aware that you are not in a position to dictate to the employer who hears a grievance - you are not helping yourself at all if you are seen to be being difficult. Put together the evidence that you have and go to the meeting. If you need more time to prepare, say so and suggest a date - don't just refuse to go.

mumof2:D

Emmzi wrote: »

as I read it
- you have not raised a formal grievance
- you have not provided a sick note from the time you were absent from work

that weakens any case you may have had to, well, zero.

Even considering you have been there under a year.

I did raise a formal greviance with my manager and then he said there would be a meeting with the man in question but my manager went on holiday.