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

Mara69

Again - have you provided certificates for the entire period of sick leave?

mumof2:D wrote: »

I did raise a formal greviance with my manager

In writing?

mumof2:D

Yes, I have provided sick notes for the period I was off.

SarEl

mumof2:D wrote: »

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.
.

According to your post you have been absent for six weeks or more. And there appears to be no evidence that you have provided a sick note for that period. That, if true, is unauthorised absence from work and there is nothing at all unreasonable about asking for an explanation. An e-mail or a telephone call is not sufficient - where is your sick note?

Your manager may have intended to have a meeting about your complaints - but were you expecting him to cancel his leave in order to do this? You gave him little opportunity to do anything since you went off sick and it would appear have not yet been back.

SarEl

mumof2:D wrote: »

Yes, I have provided sick notes for the period I was off.

Sorry - crossed posts. Are you still providing sick notes? If not, why have you not returned to work?

Acc72

mumof2:D wrote: »

Any advice would be great thankyou.

As you have neither been dismissed or resigned, then the answer to your question is "no".

I understand that if you did resign, then succesfully proving constructive dismissal can be difficult, and you will need to have exhausted your employers internal procedures with regards to grievance etc.

mumof2:D

SarEl wrote: »

According to your post you have been absent for six weeks or more. And there appears to be no evidence that you have provided a sick note for that period. That, if true, is unauthorised absence from work and there is nothing at all unreasonable about asking for an explanation. An e-mail or a telephone call is not sufficient - where is your sick note?

Your manager may have intended to have a meeting about your complaints - but were you expecting him to cancel his leave in order to do this? You gave him little opportunity to do anything since you went off sick and it would appear have not yet been back.

My manager had no intention of having a meeting with the employee otherwise it would of been done before he went away. He had 2 days to sort the situation out or get another manager to and he didnt. He left it the way it was for no manager to be in the office and this man treating me like the way he was. This should of been dealt with months before.

If he was so concerned then the meeting still should of been held in my absence as I would not of been present at the meeting. A procdure still should of been followed! no?

Emmzi

mumof2, I think what everyone is saying is,

no, you have no case

they made errors; you made errors

If you are not signed off, then go in to work and see if they let you work or finish you. It'll be one or the other.

mumof2:D

SarEl wrote: »

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.

I am in a position to dictate due to the fact the my manager and the person in question are extremely close friends in and out work so how can my case be heard fairly? It wouldnt be as far as Im concerned.

Gordon_Hose

The overall fact still remains that you've been there less than a year.

mumof2:D

Emmzi wrote: »

mumof2, I think what everyone is saying is,

no, you have no case

they made errors; you made errors

If you are not signed off, then go in to work and see if they let you work or finish you. It'll be one or the other.

Sorry can you explain what errors I have made?

I was bullied at works over the 8 month period, I complained to my manager several times who said he would deal with it,complained one last time when it became to much and nothing was done.

I got signed of work, sent in sick notes,rang in and received no acknowledgement of my employer.

Tried to return to work and now they are not letting me. Stating that I should of opening up a greviance with my manager which I did on several occasions. Asking me to attend a greviance meeting with the manager who did !!!!!! all with my situation.

I have done nothing wrong, I should not be bullied at work,I should not be treated the way I was and I should damn well not be made to feel bad because I was close to breakdown and the doctor signed me off with stress,depression and anxiety due to the workplace.

Dont worry, I will get in touch with ACAS and see if they can mediate for me.

Thank you for all your responses.