Constructive Dismissal

SuperHeman

Hi,
Please can someone advise me on where I stand on constructive dismissal. I have worked for a large electrical retailer for almost 5 years and today I walked out as ultimately I can not work for these people anymore.

I can no longer deal with the micromanagement and emails sent at unreasonable hours demanding replies on why my colleagues and myself were not hitting company wide targets on extended warranties and accessories which in truth customers didn't always need or want.

I can no longer deal with my pay being constantly wrong, The managers excuse "I send the rotas out every week", when i went to him to tell him it was wrong, he said "he would sort it". This has now been going on 3 months.

I can no longer sell services that fail, I myself have went out to my customers houses no less than 20 times in the last year to fix problems that customers had paid "so called experts" to do. I done this in my own time and didn't charge or expect anything in return.

I don't want to work with my pushy colleagues (telling customers they need things they don't require and pressuring them into things that would only ever be a what if? as they are scared of the threats and repercussions of the manager should they not sell these items)

I am also fed up of the theft of personal items from the staff room (only little things such as food, toiletries) but this gets brushed under the carpet.

I also recently got signed off from the doctor for suffering depression caused by my workplace, I could of been signed off for a long period of time but I returned after a week ( no return to work interview was scheduled or nothing was done to facilitate my return)

I also hurt my foot in the workplace and still suffering problems with my achilles and was struggling with mobility but i was asked to walk across the shop floor (100 metres +) to place a piece of plastic on the edge of a shelf.

All these things has contributed to me walking out today as i don't want to suffer with threats any more if i don't sell services that 99% of the time fail. I have hundreds of emails as evidence with some including threats on what would happen if we failed to sell these items.

Thank you for reading and any help would be greatly appreciated.

tomtontom

Have you submitted a grievance about your concerns? The benchmark for constructive dismissal is very high, and on the information given a claim is unlikely to be successful.

SuperHeman

I have spoke to the manager countless times about my concerns and nothing has ever been done, thank you for your reply

ableandy

I think you should put in a grievance to your area manager.

nearlyrich

As said above the threshold for constructive dismissal is very high and if you haven't been through the company grievance process I would be very surprised if you could win a tribunal. Are you a member of a union? If so have you had them involved? have you documented the issues in writing to your manager. What happened when you walked out was there a conversation with a manager or did you just go?

SuperHeman

I don't believe my company has a trade union. I have no documented information about the chats. I walked out when the manager was on his day off as I was receiving around 5 emails a day from him demanding what all the colleagues was doing and what they had sold. He phoned me around 10 minutes after I left and I arranged a meeting with him tomorrow.

Thank you for your replies

Bantex_2

A salesperson not selling would expect to get grief. Not sure why you are surprised.

SuperHeman

I do sell, I very rarely fail to hit targets, I have a conscience and will not lie and cheat to sell something I dont believe in. I am handing my notice in officially tomorrow when the manager returns.

Takeaway_Addict

SuperHeman wrote: »

I do sell, I very rarely fail to hit targets, I have a conscience and will not lie and cheat to sell something I dont believe in. I am handing my notice in officially tomorrow when the manager returns.

And still going through with a tribunal for constructive dismissal?

If so read up on it before tomorrow as you'll need to have a high burden of proof.

SuperHeman

I am leaving as I feel my job in untenable, My personal items being stolen, My pay constantly incorrect and the hundreds of emails being sent to me on a weekly basis including emails late at night demanding why customer x didnt buy this etc., My job is no longer a job it is like a primary school as I have to explain everything I said and sold to each customer I help. I am not out to get a payout or any financial gain I just wanted advice on where I stood regarding constructive dismissal. I prided myself on giving every customer the service they deserved and received many letters of thanks including my CEO of a multi-million pound company. I am not actively seeking constructive dismissal

Takeaway_Addict

Then just stick it out until you get a new job?

Take the sick time off to destress, revalue whats important and then go back and do the minimum knowing that you are going to be paid for a few more weeks work before leaving.