Advice on how to proceed with bullying problem at work desperately needed!!

zzzLazyDaisy

NiceGuyFinishingLast wrote: »

I think I would have a case against her, providing I got a formal letter of grievance sent beforehand, and I could get in touch with that allied ex-colleague to provide a statement. I also, come to think of it, I have every text I have ever sent and received backed up, and most communication between my boss and myself is via text, so I have raw first hand evidence to demonstrate that my boss knew what was going on, and the effect it was having on me, and that I have indeed complained 3 times to no avail. So I wonder if a record of all text conversations about all this would stand up at tribunal?

You can submit records of texts messages as evidence, but such records can be altered, so if she denied sending the texts it would be your word against hers, and it would depend on who was believed.

Also the ex-colleague would have to be willing to give a statement AND attend tribunal to give evidence under oath on your behalf.

But that really is not the issue.

The simple fact is that any CD claim is a gamble. Only around 3% of CD cases are successful, and these are generally extreme cases with very good evidence. By all means make a claim, but do not do so believing that you will get a substantial payout for loss of future earnings to tide you over until you get another job, as statistically that is very unlikely to happen.

NiceGuyFinishingLast

Cavework, I appreciate what you are saying, and youre right, I have become obsessional with this, but when you've been subjected to repeated minor incidences, thats the effect it has. I shouldnt have to put up with it, and Ive remained mature and stoical about it for a long time, but now Im fed up and no longer willing to tolerate it. We have taken lots of time to discuss this, and its already out of control. She needs to grow up, but I resent the idea that Im not being grown up about this, because I always have been. I always conduct myself in a mature way

NiceGuyFinishingLast

Thanks LazyDaisy. Is there any other way apart from constructive dismissal, that I can get some kind of result? I would prefer to keep my job, after all. Formal grievance next I think, then see where to go from there

cavework

No .. you are making this into one huge Grudge thing..
You have said your Boss works with this person at night .. do you think they are discussing you on the night shift ? Ganging up?
You say your Boss is inexperienced
You say the customers are telling you this person is slandering you when you are not there?
This is school kid stuff and TBH I think you do need to grow up and get on with doing your job then go home and relax.
Sorry

NiceGuyFinishingLast

And with the statistics showing only 3% of CD claims work out, this could largely be because there are so many spurious claims. Who knows, perhaps that represents something more like 30% successful or something when the flimsy claims are ruled out of the stats...

NiceGuyFinishingLast

Alright cavework, I agree, this is school kid stuff, the kind of thing I thought I had left behind me 12 years ago. It is indeed pathetic. But thats not the point - the fact is, over 18 months it has gradually affected my health, no matter how silly you think this is. I have ignored it and got on with things for a long time, but ive had the last straw

cavework

Then look for another job, sorry to be so hard but you are a grown up and grown up life is not easy.
You have stayed in this job for 18 months , that will be looked on favourably at an interview.
This idea you have that claiming constructive dismissal will give you a nest egg to rely on while you look for another job is away with the fairies.

zzzLazyDaisy

NiceGuyFinishingLast wrote: »

Thanks LazyDaisy. Is there any other way apart from constructive dismissal, that I can get some kind of result? I would prefer to keep my job, after all. Formal grievance next I think, then see where to go from there

Yes. The best thing you can do is get some face to face advice from either a solicitor specialising in employment law, or if you can't afford that, the CAB.

Your prospects of getting this sorted out and/or being successful in tribunal depend on many factors - and with the best will in the world an internet forum can only give general information.

Ladyface

I would think that finding another job is your best option. I do appreciate that they can be few and far between these days, but having those 18 months on your CV will look good if applying for similar roles. Also, I've always found you get a new job 10x quicker when there's something current on your CV as opposed to being unemployed. A fresh start might be good for your mental health, and perhaps build your confidence that you were able to succeed in a new environment.

I would also suggest that you leaving at free will for bigger and better things would pee this woman off much more than it would make her feel like she's won. If I were you, I'd be itching to get away from your boss, too. The other nasty piece of work being sacked won't help the fact that your employer is inept.

Best of luck to you.

NiceGuyFinishingLast

cavework, I am looking for another job. Constructive dismissal was simply a last resort idea, and only if you guys thought it might have a chance. It doesnt, thats clear now, but it wasnt something I would have relied upon to prop me up financially, I was saying that presuming I had a case, it would be less of a worry leaving if it was thought by people here that I wouldnt lose out financially. You do think so, so I accept that. I dont want to leave, and a CD claim is obviously not a good idea, so until I find another job, baring in mind i've been searching and applying for 6 months now, what do you suggest I do in the meantime? Is there anything I can do apart from either quitting and being jobless or staying and suffering? I would stay if this person was rightly sacked - you agree she shouldve been sacked by now, right?