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

Gordon_Hose

Again, I reiterate, you've been there less than a year. You can't claim unfair dismissal.

mumof2:D

Gordon_Hose wrote: »

Again, I reiterate, you've been there less than a year. You can't claim unfair dismissal.

It will be a year on the 4th feb so at the rate my employers are going I will still be employed by then so that means I would have been there for a year.

Gordon_Hose

There's still 4 weeks, anything can happen.

Emmzi

from what i can tell, and you are adding bits to the story as we go on, the errors are:_

you do not seem to have put your grievances in writing stating "this is a grievance"

no company I know of accepts "calling in sick" by email

and on the date you were fit to work again you did not turn up at the office.

you refused to attend a meeting to discuss your problems

What do you hope to get out of this? You surely do not want to go back and work there do you? If you are looking for 6 months money or some such, you really don't have a strong enough case. Even if you go over the 12 months unless you have thoroughly exhausted all internal proecdures - which does not include an informal moan - then you have no case.

mumof2:D

I have just spoke to ACAS who have advised me that I can go for constructive dismissal if I am still there on the 4th of feb.

I do not want to go down this route, I only want what I am owed.

My employer has not let me return to work since the start of december- I am owed my pay for that month.

I shall now be putting in my 4 weeks notice to them.

I have been advised I am entitled to my 2 months pay and holiday entitlement of which I will be asking for.

I did not want lots and lots of money,the purpose for asking about constructive dismissal was to sort out the employee who was bullying me. Why should I stay at a job when I was being treated so unfairly and for him to treat me the way he did.

ACAS are now calling my employer regarding the greviance procedure and to arrange a fair meeting between myself and an employee who is not going to be biased regarding the situation so it can be heard properly.

Thank you

SarEl

I am not entirely clear why you came here to ask for advice OP. If all you want is people to agree with you then perhaps you should have stated this from the outset so that we didn't waste any time over it.

No - you cannot dictate who hears a grievance for the employer. You are no position to do so. The employer will decide who hears a grievance and allegations of partilaity from you will assist you in no way whatsoever. A manager can easily take more than two days to mage a grievance - if indeed you actually submitted one at all, because you appear to be very unclear about the difference between a complaint and grievance. Strangely enough your problems may not the be only or the most pressing thing to deal with in the two days before a manager goes on leave. You are assuming that he did nothing - you do not know that and you have given him no opportunity to say otherwise.

You have still not answered the question - you say you were ready to return to work in early December. Are you still submitting sick notes for the whole period of your absence up to and including today, and if not, why have you not returned to work? You keep saying they won't let you. You have been asked - how are they preventing you from returning to work? Are they locking the doors? telling you you can't come in to work? What are they doing to prevent your return? And if they are preventing you from returning, why are they asking you to account for your absence?

And you think you will be "safe" in 4 weeks? Well no, actually. In the first place, as you have already been advised (and assuming you aren't dismissed before then) claiming constructive dismissal is nigh on impossible. The burden of evidence on you will be entire. The employer needs prove nothing at all. Such cases are seldom won. But you also will be likely to be safe only until April - because at that time the law will change to require two years service for make a claim, and will almost certainly be retrospective. That means two things - the employer only has to drag out a grievance process, including appeals, for a couple of months, and then you are out of being able to claim for either constrcutive unfair dismissal or unfair dismissal again until Feb 2013. That's assuming that you can get a grievance upheld anyway.

You seem to be approaching this like a bull in a china shop - or maybe it's just here that you are doing that. Approaching it this way will very possibly get you sacked.

But good luck with ACAS. You'll need it. And even if you get anywhere - i doesn't change a thing I just told you. By April you will be very vulnerable again and not a damned thing you can do about it.

SarEl

mumof2:D wrote: »

I have just spoke to ACAS who have advised me that I can go for constructive dismissal if I am still there on the 4th of feb. Hah. Wonderful. Did they tell you that you won't win too? You haven't exhausted the employers grievance process so you won't even get to a tribunal hearing. No jurisdiction.

I do not want to go down this route, I only want what I am owed. Rubbish. of course you do. If you didn't you would have made more effort to return to work and sort this out - like pursuing a grievance. You came here and this was all you wanted to know - could you make a claim?

My employer has not let me return to work since the start of december- I am owed my pay for that month. And again we ask - how did they prevent you from returning, and if they did so, why are they asking why you aren't in work?

I shall now be putting in my 4 weeks notice to them. ACAS told you to do that did they? I wouldn't if I were you. But I doubt if you'd want to know why.

I have been advised I am entitled to my 2 months pay and holiday entitlement of which I will be asking for. Same question again - you are only entitled to pay if you can show the employer refused to let you return to work. How did they do this?

I did not want lots and lots of money, Excellent. Because you won't get it and in all likelihood you will get nothing. Unless of course, since we only have one side of the story and you will keep avoiding questions about why you haven't been back to work, you get a bill. You are aware aren't you that tribunals can make deposit orders for claims, and that employers can claim costs for frivolous claims?the purpose for asking about constructive dismissal was to sort out the employee who was bullying me. Why should I stay at a job when I was being treated so unfairly and for him to treat me the way he did.

ACAS are now calling my employer regarding the greviance procedure and to arrange a fair meeting between myself and an employee who is not going to be biased regarding the situation so it can be heard properly.

Thank you

Ah well. I foresee a dismissal in the offing within the next two weeks. Yours, in all likelihood.

mumof2:D

SarEl wrote: »

Ah well. I foresee a dismissal in the offing within the next two weeks. Yours, in all likelihood.

Hmmm bull in a china shop!

Obviously you are to wrapped up in your own writings you cannot read my lovely,so I would say you are replying in the style of a bull in a china shop. Actually read all postings before you reply that way you wont get confused.

I stated I will NOT be going for constructive dismissal I only want my holiday pay that is owed as I took none and my notice period owed.

mumof2:D

I am very aware of how tribunals work,thank you for caring though.

I asked to return to work at the start of Dec.

They would not tell me when I was able to start.

Everytime I contacted them to see when I could start back I had no reply and all I got was stupid emails regarding a completley different situations that had nothing to do with returning to work.

My calls were not returned by anyone and I was not prepared to travel 30 miles to work to be ignored and told my manager wasnt there.

Maybe I should of dropped my children somewhere and camped outside my work till someone spoke to me.

A GREVIANCE WAS MADE TO MY EMPLOYER AND NOTHING WAS DONE BEFORE AND FOR THE 6 WEEKS I WAS OFF WORK UNTILL I KICKED UP A FUSS ABOUT RETURNING TO WORK.

So does it take 6 weeks for the manager to meet with the person in question. Why did the manager not do this? I didnt need to attend the meeting. The meeting was meant to be between the member of staff and the manager- privatley then I would of been involved.

SarEl

mumof2:D wrote: »

I am very aware of how tribunals work,thank you for caring though.

I asked to return to work at the start of Dec.

They would not tell me when I was able to start.

Everytime I contacted them to see when I could start back I had no reply and all I got was stupid emails regarding a completley different situations that had nothing to do with returning to work.

My calls were not returned by anyone and I was not prepared to travel 30 miles to work to be ignored and told my manager wasnt there.

Maybe I should of dropped my children somewhere and camped outside my work till someone spoke to me.

A GREVIANCE WAS MADE TO MY EMPLOYER AND NOTHING WAS DONE BEFORE AND FOR THE 6 WEEKS I WAS OFF WORK UNTILL I KICKED UP A FUSS ABOUT RETURNING TO WORK.

So does it take 6 weeks for the manager to meet with the person in question. Why did the manager not do this? I didnt need to attend the meeting. The meeting was meant to be between the member of staff and the manager- privatley then I would of been involved.

When you are off sick you do not phone up to see when you go back to work. You go back to work when your sick note expires. What you mean is that for the last six weeks you haven't been to work and haven't accounted for your whereabouts. It is therefore no wonder that they have been asking to know where you are, why you havne't been back, and why they haven't had any sicknotes. I hope you explained all this to ACAS - because they won't be too pleased to discover that you have simply not gone to work for 4+ weeks because nobody told you to! You shouldn't need telling to go to work.

And you do not know that the manager hasn't met with the person, because you haven't been to work since then and haven't spoken to your manager since then.