Buying Myself out of Contract to Avoid Nasty Boss!

changkra

Bogof_Babe wrote:

Why has no-one mentioned constructive dismissal? I'd have thought the OP had a strong case for this.

As other staff have also been reduced to leaving by this woman's attitude, it strikes me that she is the one with the problem, not the staff.

Is the fee that is being demanded back realistic for the training received? Stranger things have happened than someone being set up to "fail", and the profit for the firm is made from the severance payback.

Don't take any of this at face value OP, consult with your union rep if you have one, or take legal advice if not.

I was about to post this when i saw your posting. The problem with this is that it is always harder to proove once you have left the job that making a formal complaint against the perpetrator.

Another poster (just above this one,) asks why firms allow this to happen and not stop it. The reason being they don't want to admit there is a problem because this will leave them wide open to any further claims against them. Having said that if a formal complaint is made with some kind of evidence, dates times what was said etc, then they have no choice but to deal with it and stop it from happening. .

shameless-about-money

Bogof_Babe wrote:

Why has no-one mentioned constructive dismissal? I'd have thought the OP had a strong case for this.

As other staff have also been reduced to leaving by this woman's attitude, it strikes me that she is the one with the problem, not the staff.

Is the fee that is being demanded back realistic for the training received? Stranger things have happened than someone being set up to "fail", and the profit for the firm is made from the severance payback.

Don't take any of this at face value OP, consult with your union rep if you have one, or take legal advice if not.

You have to state on your letter of resignation that you are resigning on constructive dismissal. Otherwise you cannot do anything after the event.

DazedByTheLight

Hi guys

I have considered constructive dismissal. However, I rang ACAS and they informed me that it would be extremely hard to prove seeing as:

a) I have not put an official complaint in before
b) I am leaving
c) The burden of proof lies with me
d) I would need to remember exact comments, dates etc. and have a memory like a sieve!
e) At best I would only get two weeks salary as a payout!

My current approach is to write them a letter stating that I am leaving for this reason (and not to cheat them out of their investment), I have been a loyal and hard-working employee, and indeed performed the job to the level of a traineed employee, and then make them an offer.

It would be a result for me if they accept an offer because there was a time not so long ago when I was totally resigned to paying them the full amount just to escape.

lesandflynny

I strongly recommend you take legal advice about re-paying training fees. I am certain, but not legally trained, that any obligation to repay training fees placed upon an emolyee would not stand up in a court of law. Even if they pursued you in a court of law, which I doubt because of the cost involved, then I feel certain they would not win.

Good luck in whatever you do, and remember money will never be a substiute for happiness.

Do however be brave enough to tell them everything about this bossy knickers, they are loosing badly as a company here and some other poor sod will take your place as the victim!

jobbingmusician

You could ask for an exit interview - it is good practice for HR departments to do these anyway. At your interview say that you are leaving because of your boss, and you had considered taking the company to employment tribunal but have AT PRESENT rejected this option - however, you will be reviewing this decision if leaving actually costs you money becuase they pursue the training costs issue.

Good luck!

DazedByTheLight

Hi guys

Just to let you know that I have taken legal advice and will now be putting a grievance in for breach of the contract due to bullying. It may not go to court but hopefully a settlement will take training fees into account. I will keep you updated.

Regards
DBTL

Bogof_Babe

Way to go DBTL. I hope the nasty witch gets what's due to her, and you come out with a nice compensation payment for your distress!

lesandflynny

I am really glad you decided to take legal advice. If they have recommended you log a grievence they must feel fairly confident there is a case to answer....Good for you, this might make the bully think twice about their behaviour before making somebody elses life a misery.

Not to mention that you might avoid repaying your training fees, afterall this is a moneysaving arena!!

I am proud of you for being brave and I look forward to hearing the outcome, this might be the first time anybody has evry stood up to this person.

Good luck in your future career too.

changkra

Good luck with it. It's a very brave decision to make due to the fact this is definitely not the easy route but the end result should give you some satisfaction. Lets hope the bully is stopped in her tracks and this prevents another victim of heir's. How ever this progresses or finishes keep updating on here, as much as posters on here cannot physically do anything you have allot of backup and support here.