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Constructive Dismissal?
johnsmithy
Posts: 104 Forumite
Hello,
I just wanted your advice on whether or not you believe I have a case for constructive dismissal from my company, which I resigned from on 19 January.
Before Return To Work
1. My manager did not communicate with me regularly when I had my operation in July/August, whilst before that, contact was reasonably regular. What defines regular, though?
2. I was not contacted about work issues on a regular basis, either.
3. I was only intermittently asked about whether or not I was OK after I had my operation - before that, I had intermittent emails to ask about the state of my health. Occupational Health Checks were completed.
4. I do not know if my line manager was in contact with my colleagues in regards to my health. Certainly I was not asked if it was OK to disclose my condition with my colleagues.
5. Work colleagues did not keep in contact with me during my time off work, nor did members of the organisation as such, keep in contact with me either, but its ambiguous what is meant by members, as such.
6. My line manager did not relay positive messages through my family/friends as such.
7. My line manager did not implicitly state I should rush back to work.
8. I was referred to different places during my time off work for support issues.
9. My job, from the communications I received from my line manager, suggested my job was still safe.
10. My line manager was not in a position to stop me pushing myself to return to work.
Return To Work
1. I was not given lighter duties or different jobs during my return to work.
2. A phased return was agreed. However, they wanted me to return within one month. However, HR contradicted this and suggested three months.
3. My line manager remained objective whilst discussing adaptations during my return.
4. My line manager discussed in some depth what to expect when to return to work.
5. My line manager discussed about my role, responsibilities and working practices.
6. My line manager met me on my return to work on the first day.
7. I do not agree that my return to work was low stress. I was placed in a position of authority (supervisor) and dealt with stressful situations as well as having to endure difficult situations with colleagues who were supposed to be supportive, but were not.
8. I was not asked if my condition could be disclosed to colleagues - to this point in time, I'm not sure if it was.
9. At no point was I made to feel that I had been missed working at the organisation.
10. I am unsure if my line manager encouraged colleagues to help with rehabilitating me - however, I found my colleagues to be very unsupportive of my condition - they seemed to nitpick on small things and I was even accused of not doing the post one day, even though I did. The training I received from my mentor, consisted of a ten minute "nothing's changed" training session. After I had been off a year, it was like I was supposed to remember everything. I found that the mannerisms of my colleagues was very much school teacher to pupil and was not friendly.
11. The team spirit was strained - when I tried to discuss this with my line manager, I was basically told we all need to work together as a team. I was said to actively talk to people more, though e-mail is my preferred method - also, my colleagues created an atmosphere where it was very difficult to approach them for help or advice.
12. I do not know if my line manager communicated regularly with HR or Occupational Health during my return to work - however, I received little input from my line manager in this area. Therefore, I can only imagine any communication between my line manager and HR/OH was superficial.
13. My line manager certainly didn't go to any lengths to arrange meetings to discuss my condition and any impact it might have upon me or the work I was doing.
14. My line manager was openly communicating with me during our limited discussions we had.
15. My line manager listened to my concerns though I didn't always find my line manager was always supportive of them.
16. My line manager said that as far as they were concerned, I was 'fit for work.' Whilst this is all well and good, it doesn't shy away from the fact I still had a medical condition and I wasn't overly impressed with the way it came over.
17. I did not have any wishes as such upon my return to work. I mainly discussed concerns I had at work.
18. My line manager always had an open door policy, so it was never an issue going to speak to them.
19. I do not believe my line manager was always sensitive towards my issues.
20. I was allowed to have a degree of normality inside work by my line manager, despite the issues I currently had.
21. My line manager always responded to my concerns promptly.
22. My line manager took responsibility for my rehabilitation, though I do not think that this was taken aboard my other members of the team and in some respects, by my line manager.
23. My line manager never directly told me how my illness had impacted upon me.
24. I wouldn't go as far as to say my line manager remained positive with me during my return to work.
25. I assume that my line manager was aware of legal responsibilities, reasonable adjustments and company procedures to follow.
Advice please. Sorry this is so long.
Thanks,
johnsmithy
I just wanted your advice on whether or not you believe I have a case for constructive dismissal from my company, which I resigned from on 19 January.
Before Return To Work
1. My manager did not communicate with me regularly when I had my operation in July/August, whilst before that, contact was reasonably regular. What defines regular, though?
2. I was not contacted about work issues on a regular basis, either.
3. I was only intermittently asked about whether or not I was OK after I had my operation - before that, I had intermittent emails to ask about the state of my health. Occupational Health Checks were completed.
4. I do not know if my line manager was in contact with my colleagues in regards to my health. Certainly I was not asked if it was OK to disclose my condition with my colleagues.
5. Work colleagues did not keep in contact with me during my time off work, nor did members of the organisation as such, keep in contact with me either, but its ambiguous what is meant by members, as such.
6. My line manager did not relay positive messages through my family/friends as such.
7. My line manager did not implicitly state I should rush back to work.
8. I was referred to different places during my time off work for support issues.
9. My job, from the communications I received from my line manager, suggested my job was still safe.
10. My line manager was not in a position to stop me pushing myself to return to work.
Return To Work
1. I was not given lighter duties or different jobs during my return to work.
2. A phased return was agreed. However, they wanted me to return within one month. However, HR contradicted this and suggested three months.
3. My line manager remained objective whilst discussing adaptations during my return.
4. My line manager discussed in some depth what to expect when to return to work.
5. My line manager discussed about my role, responsibilities and working practices.
6. My line manager met me on my return to work on the first day.
7. I do not agree that my return to work was low stress. I was placed in a position of authority (supervisor) and dealt with stressful situations as well as having to endure difficult situations with colleagues who were supposed to be supportive, but were not.
8. I was not asked if my condition could be disclosed to colleagues - to this point in time, I'm not sure if it was.
9. At no point was I made to feel that I had been missed working at the organisation.
10. I am unsure if my line manager encouraged colleagues to help with rehabilitating me - however, I found my colleagues to be very unsupportive of my condition - they seemed to nitpick on small things and I was even accused of not doing the post one day, even though I did. The training I received from my mentor, consisted of a ten minute "nothing's changed" training session. After I had been off a year, it was like I was supposed to remember everything. I found that the mannerisms of my colleagues was very much school teacher to pupil and was not friendly.
11. The team spirit was strained - when I tried to discuss this with my line manager, I was basically told we all need to work together as a team. I was said to actively talk to people more, though e-mail is my preferred method - also, my colleagues created an atmosphere where it was very difficult to approach them for help or advice.
12. I do not know if my line manager communicated regularly with HR or Occupational Health during my return to work - however, I received little input from my line manager in this area. Therefore, I can only imagine any communication between my line manager and HR/OH was superficial.
13. My line manager certainly didn't go to any lengths to arrange meetings to discuss my condition and any impact it might have upon me or the work I was doing.
14. My line manager was openly communicating with me during our limited discussions we had.
15. My line manager listened to my concerns though I didn't always find my line manager was always supportive of them.
16. My line manager said that as far as they were concerned, I was 'fit for work.' Whilst this is all well and good, it doesn't shy away from the fact I still had a medical condition and I wasn't overly impressed with the way it came over.
17. I did not have any wishes as such upon my return to work. I mainly discussed concerns I had at work.
18. My line manager always had an open door policy, so it was never an issue going to speak to them.
19. I do not believe my line manager was always sensitive towards my issues.
20. I was allowed to have a degree of normality inside work by my line manager, despite the issues I currently had.
21. My line manager always responded to my concerns promptly.
22. My line manager took responsibility for my rehabilitation, though I do not think that this was taken aboard my other members of the team and in some respects, by my line manager.
23. My line manager never directly told me how my illness had impacted upon me.
24. I wouldn't go as far as to say my line manager remained positive with me during my return to work.
25. I assume that my line manager was aware of legal responsibilities, reasonable adjustments and company procedures to follow.
Advice please. Sorry this is so long.
Thanks,
johnsmithy
0
Comments
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Constructive dismissal is notoriously difficult to prove and has a low success rate.0
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I'm sorry but I can't really see what your organisation did wrong. it was clearly stressful for you - possibly your colleagues were a bit fed up from having to cover your post whilst you were off sick - but that sort of thing is pretty normal in the workplace I would think.0
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No.
Not a chance etc...
You've not commented on why you resigned, so impossible to really say, but on the basis of what you're saying you resigned for no apparent reason, given you've not advised anyone forced you to do.0 -
Please someone tell me what employers are supposed to do.
If you try to keep in touch with an employee who is off sick, you are accused of harassment. If you back off, you get employees like this citing lack of contact as a basis for constructive dismissal! Words fail me.
No, OP, I do not feel you have a case. Have you, in fact, resigned?Ex board guide. Signature now changed (if you know, you know).0 -
You sound confused, you praise the company and then say they don't perform.johnsmithy wrote: »Hello,
I just wanted your advice on whether or not you believe I have a case for constructive dismissal from my company, which I resigned from on 19 January.
Before Return To Work
1. My manager did not communicate with me regularly when I had my operation in July/August, whilst before that, contact was reasonably regular. What defines regular, though? did you communicate with them? An employer is damned if he does and damned if he doesn't because if they did keep in contact some people would deem it harrassment.
2. I was not contacted about work issues on a regular basis, either. As above
3. I was only intermittently asked about whether or not I was OK after I had my operation - before that, I had intermittent emails to ask about the state of my health. Occupational Health Checks were completed. As above
4. I do not know if my line manager was in contact with my colleagues in regards to my health. Certainly I was not asked if it was OK to disclose my condition with my colleagues.If they did then its not great but hardly the worst in the world.
5. Work colleagues did not keep in contact with me during my time off work, nor did members of the organisation as such, keep in contact with me either, but its ambiguous what is meant by members, as such.Work colleagues are not friends...
6. My line manager did not relay positive messages through my family/friends as such.What?
7. My line manager did not implicitly state I should rush back to work. And this is a bad thing?
8. I was referred to different places during my time off work for support issues.Seems good of the employer
9. My job, from the communications I received from my line manager, suggested my job was still safe. You resigned after a long period of illness, they didn't sack you.
10. My line manager was not in a position to stop me pushing myself to return to work. So?
Return To Work
1. I was not given lighter duties or different jobs during my return to work. Did you ask? Was it recommended? It isn't a legal requirement either way.
2. A phased return was agreed. However, they wanted me to return within one month. However, HR contradicted this and suggested three months. Ok, so they allowed 3 months in the end?
3. My line manager remained objective whilst discussing adaptations during my return.Good
4. My line manager discussed in some depth what to expect when to return to work. Good
5. My line manager discussed about my role, responsibilities and working practices. Good
6. My line manager met me on my return to work on the first day. Good
7. I do not agree that my return to work was low stress. I was placed in a position of authority (supervisor) and dealt with stressful situations as well as having to endure difficult situations with colleagues who were supposed to be supportive, but were not. did you mention this?
8. I was not asked if my condition could be disclosed to colleagues - to this point in time, I'm not sure if it was. So you don't know if it was.....
9. At no point was I made to feel that I had been missed working at the organisation. They might not have? You've been away for a year, you will need to start relationships again.
10. I am unsure if my line manager encouraged colleagues to help with rehabilitating me - however, I found my colleagues to be very unsupportive of my condition - they seemed to nitpick on small things and I was even accused of not doing the post one day, even though I did. The training I received from my mentor, consisted of a ten minute "nothing's changed" training session. After I had been off a year, it was like I was supposed to remember everything. I found that the mannerisms of my colleagues was very much school teacher to pupil and was not friendly. Did you complain?
11. The team spirit was strained - when I tried to discuss this with my line manager, I was basically told we all need to work together as a team. I was said to actively talk to people more, though e-mail is my preferred method - also, my colleagues created an atmosphere where it was very difficult to approach them for help or advice. Email might be your preferred but you closed yourself off to other people by the sounds of it
12. I do not know if my line manager communicated regularly with HR or Occupational Health during my return to work - however, I received little input from my line manager in this area. Therefore, I can only imagine any communication between my line manager and HR/OH was superficial. And?
13. My line manager certainly didn't go to any lengths to arrange meetings to discuss my condition and any impact it might have upon me or the work I was doing. And?
14. My line manager was openly communicating with me during our limited discussions we had. Good
15. My line manager listened to my concerns though I didn't always find my line manager was always supportive of them. People have different opinions
16. My line manager said that as far as they were concerned, I was 'fit for work.' Whilst this is all well and good, it doesn't shy away from the fact I still had a medical condition and I wasn't overly impressed with the way it came over.What? Your illness?
17. I did not have any wishes as such upon my return to work. I mainly discussed concerns I had at work. What?
18. My line manager always had an open door policy, so it was never an issue going to speak to them. Good
19. I do not believe my line manager was always sensitive towards my issues. Oh well.
20. I was allowed to have a degree of normality inside work by my line manager, despite the issues I currently had. Good
21. My line manager always responded to my concerns promptly. Good
22. My line manager took responsibility for my rehabilitation, though I do not think that this was taken aboard my other members of the team and in some respects, by my line manager. Good?
23. My line manager never directly told me how my illness had impacted upon me. Really? An untrained line manager should tell you how your medical issue affects you?
24. I wouldn't go as far as to say my line manager remained positive with me during my return to work. Are you surprised?
25. I assume that my line manager was aware of legal responsibilities, reasonable adjustments and company procedures to follow. If not he probably took advice
Advice please. Sorry this is so long.
Thanks,
johnsmithy
I don't think you have a chance personally on constructive dismissal as i suspect you haven't exhausted the grievance procedures but really from what you have said it does seem the employer has done little wrong, not enough to cause them trouble.
Others may disagree but if your a union member talk to them, if you have legal cover on your house insurance have a chat with them.Don't trust a forum for advice. Get proper paid advice. Any advice given should always be checked0 -
Op, from your other threads (and this one), for your own mental well being, let your issues go and try and move forward with your life.Don’t be a can’t, be a can.0
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Thank you for your advice! Its always appreciated. I think the best thing would be to put this episode behind me and move on.0
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jobbingmusician wrote: »Please someone tell me what employers are supposed to do.
If you try to keep in touch with an employee who is off sick, you are accused of harassment. If you back off, you get employees like this citing lack of contact as a basis for constructive dismissal! Words fail me.
I agree, as soon as I read the first point I thought of all those threads we get from people complaining that their employer was contacting them while they were sick.
I didn't get beyond that as there was far too much, but I think the OP has come to the right decision in the end.0
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