Bad boss - constructive dismissal?

jojebauk

I'll keep this short and to the main points.

I work for a small team. Of the past 18 months, the first 15 the managerial role I was meant to work under was unfilled. So I took on a lot of that responsibility. However, during that time my senior boss has undermined and criticizing me, claiming I make mistakes but unable to give me examples when I asked for them. The stress of the role and his critical behaviour soon lead to anxiety in me and I actually went to see a therapist for a few months to learn how to cope with it.

At my last performance review 7 months ago, my boss told me I was terrible at my job. But the only example he had to back up this line of thought was a simple error I'd missed and not rectified - which yes, was my fault, but he missed it too and the buck was technically meant to stop with him. However, I accepted the responsibility for that mistake. But it was absolutely not enough to deem me incapable of doing my job! In fact I worked very hard in a stressful and unsupported role. In that performance review he even told me I should rethink my career. I reminded him this meeting was to set objectives but instead he used it to attack me. I went to HR about it and they had a word to him but that was it.

Three months ago he filled the long-empty managerial role and that person took over as my line manager. They have been supportive and undone a lot of the damage my boss has done; they also pointed out to my boss that it was amazing how much I did, especially considering I had no support and how could he not see that? She was the only reason I didn't quit months ago.

This week we've received our performance bonuses - set and signed off by my senior boss. We're a very small team and we're all friends, so people talked, and I now know I got exactly half the bonus everyone else got. I mentioned it to the colleagues I am closest to and they said it didn't make any sense because I worked as hard as anybody! (Sometimes I will work late while colleagues who make a rule of leaving on the dot every single day still got double the bonus I did.) From my side, I don't know how this was measured - considering I had never been set any measurable objectives, it's not like anyone claim I had not met my targets because I had no targets! But I had done my job to the best of my ability and fulfilled my role.

I want to quit because of this ongoing treatment from my boss. Despite the support of my line manager, I feel stressed and unvalued. Do I have any leg to stand on here if I quit? Or is there any other route I can take? I'd appreciate any advice.

Browntoa

As much as you don't like it the bonus seems to be have been set by the 2 reviews , one bad and one good ( have your work colleagues also admitted they had bad reviews by the old boss ? )

I would think you have more grounds to complain after a full year of good reviews

clarryd

I am sorry to hear that your having such a bad time at work. And I do know how it feels to have to go into an office every day and feel underminded and useless. Many years ago the same happened to me I was being treated really badly by another member of staff day in and day out, at one point I just burst into tears and when I did that I realised there was something not right with me, I picked up the phone and contacted the doctors straight away to cut a long story short I was signed off with a bad case of stress which lead to deep depression caused by work related positions. The top management wanted to know why I was so stressed and depressed due to work and asked if I had any proof (dated, comments, witnesses etc) which I did not as it was a chip chip chip away situation with her and she was very fly and cunning.

What I am trying to say is get something down on paper - dates -days - comments if you have a mobile phone with a recording facility tape her/him, film the treatment (put mobile in pocket of shirt at breast height and turn it the wrong way around so the camera part is facing out). Do what you can to get this down in writing days, times, comment etc. If there are any people witnessing this behavior towards you name them, even get them in your recording/filming evidence so they can not deny being there or hearing what was said.

I would stop the over time working straightaway and just do your hours that you are scheduled to do.

Hope this helps and doesn't go on a bit but proof is what you need and then your employers can't deny that bullying/harassment goes on in your work place.

Good luck.

jojebauk

Thanks for the replies so far. Yes I had a bad review but it was not meant to be a "review" (if that's the word for criticising me without examples) - it was meant to set objectives for me to meet. He didn't do that.

Is it reasonable that his bullying behaviour should determine my financial reward in this way? I am not upset by the amount of the bonus because anything is better than a slap but it's the fact I have got half of my teammates.

I will def stop doing overtime! Although I like to support my line manager as they are supportive to me...

I don't have any way of recording his criticisims but after that "review" (during which he actually pushed me into floods of tears so I couldn't even speak - and I NEVER cry at work!) I wrote a long list of examples of his behaviour and took it to HR. So they have a record of that. My colleagues also know what he is like but I can't expect them to get involved.

At the end of the day I would stay at my job if it wasn't for my boss so I want to know what this means legally, if I quit...

maninthestreet

Find a new job BEFORE you hand your notice in. Constructive dismissal claims are extremely difficult to win.

cazziebo

I can't see any way that you could achieve anything by quitting, except you are getting out of the situation.

I don't see grounds for constructive dismissal. You could raise a grievance regarding the bonus payments, but all that would do is force the company into giving you a justification for what you were paid- it would be unlikely to lead to an admission of fault on their part.

Your best bet is to have a conversation with your immediate line manager who you do find supportive. Tell them you feel undervalued and unhappy. Explain that the differences in bonus were a blow - you didn't appreciate how little your contribution was judged in comparison to your colleagues. In the meantime, continue to do your job to the best of your ability.

Things change all the time in business. If you enjoy the job then find ways to cope with the bad boss. You might find at some point in the future you have the courage to confront him - it might be that they have misinterpreted a previous conversation of action of yours. With any luck, he might leave, or be transferred to another department.

bouicca21

Start a grievance procedure.

Another_not_new_user

Sorry, but not a chance.

(a) in the first place, if you have only been there 18 months, then you can't claim anything at all - you need two years service. You couldn't wait another 6 months and then claim it.

(b) you would have to have completed the full employers grievance procedure. You haven't.

(c) I will lay bets that the bonus scheme is discretionary - and the employer has used their discretion to pay you less.

(d) whether you agree with the assessments or not, it is a matter of record that your performance has been assessed as "wanting" in the last year. That record stands unamended. Your collegues opinions are not relevant - it isn't up to them; and your current manager has only been there for 3 months and cannot dispute an assessment done previous to their becoming your manager.

(e) as mentioned, such claims are very hard to win - nigh on impossibe in the best of circumstances.

If you want to quit you must accept that you walk away with nothing - even if you could claim, and right now you would find it impossible to, that is the only way to approach resignation from your employment. Don't expect to get anything because you almost certainly won't. Past that, you either suck it up or find another job. Neither of which may be your first option, but they are preferable to the alternative. Remember, it isn't just a case of packing in your job. There's no benefits. So no money. And whether you like it or not, you may need to think carefully about what a reference may say - as I said, the record as it stands is not good, and it may not be your manager who writes the reference (or is allowed to write it).