Constructive dismissal?

Kitiara

Advice please ….
I started a new job and after the initial 3 month’s probation, it was decided to extend it for a further 3 months as I had been finding it difficult to get up to speed with the job as the previous person had walked out so had no handover, and the promised training had never materialised, meaning I was having to learn everything by trial and error. Shortly after this extended probation period started, I aggravated an existing injury to my shoulder (work knew I was probably going to have it operated on at some point) whilst at work. This was at an out of hours event (a bar collapsed on me) which was witnessed by several people including my Line Manager. It was never recorded even though I did do a report to my Line Manager (he was the one who had not secured the top of the bar properly). This impacted on my ability to concentrate as I was having to take very strong pain killers and was living in constant pain. My Line Manager was aware of this, but made no allowances ….
I had my operation in July (halfway through the extended probation) and was only supposed to be off for 6 weeks, I was given an initial sick note for the 6 weeks, but then was signed off for a further month, after the 10 weeks, I was then again signed off for another 2 weeks. I sent in my sick note as per company policy and was called by my line manager to attend a meeting to discuss my current status and as he put it “it’s just a chat to see if there is anything we can do to assist your recovery and return to work”. When I arrived at the meeting, there was my Line Manager, a HR representative and my Department Manager present (I was given the impression it was an informal chat between myself and my Line Manager when he called). After a very brief “how’s it going?” conversation, it then turned into a real bashing where basically I was told that I had not improved sufficiently and were there any reasons for this. I explained about the lack of support & training and the constant pain disturbing my concentration etc. I was made to feel very uncomfortable during this meeting, especially as I was told that it was going to be a wellbeing meeting NOT a “probation review” and so had no time to prepare. I was asked to step outside for 20 minutes while they discussed my answers and made a decision about whether to continue my employment. I had a walk round and decided to go back in and give my resignation, which I did and it was accepted.
My query is ….
I feel like I was pressured into handing in my notice (jump before I was pushed) and was wondering if there was anything I could do about it? I appreciate that if I didn’t meet their expectations then they were right to consider terminating my employment BUT I was given 3 months to “improve” I actually only did 6 weeks before I had my operation so was not given the full 3 months probation to improve.
Thanks for reading this far

Undervalued

As you have been employed for less than two years you cannot claim unfair dismissal (or constructive UD) unless you can show that the dismissal was due to one of the few types of discrimination prohibited by law (race, gender etc).

jobbingmusician

What happened after the bar collapsed on to you? Did you have to take (extra) time off work?

I suggest you read up on RIDDOR and consider whether you should be suing your employer for their negligence in not securing the bar properly, before you consider anything else.

Nick_C

From what you have said, I think you were right to leave, although it would have been better if you had given some more thought before giving notice and agreed your terms for leaving. You could have asked to agree the wording of a reference, and maybe asked for time off for job interviews or for some further training. However, that boat has sailed.

From what you have said, I think they would have dismissed you on capability grounds. I think its better to resign than be dismissed. Hopefully, they will appreciate that you have done the right thing, and will still give you the best reference they can in the circumstances.

Kitiara

They have actually been ok about my notice, I don't think references will be a problem (my other half also works in the same Department as a manager so was worried they may make things difficult for him, but they have been fine).
The collapsing bar was never reported to anyone, but there were enough witnesses to back me up should I need it, I think this may have had some baring on why they are actually being fine about me leaving, they know that the accident compounded my "health" problems.
On a separate note ... they have messed up my final pay grrr! paid me my holiday pay but not my final salary, this is now going to be paid by CHAPS not BACS and will not be in my account until end of Monday instead of Monday 12am, not good when I have direct debits to come out but guess there is nothing I can do about that.