Poor treatment by my employer

AgentOrange123

Hi everyone.

My performance at work, which was excellent up to this stage which is proved by my commission payments, has suffered in recent months which I put down to a new manager. Since his arrival there have been a number of conflicts and eventually my role was ‘adjusted’ to reduce my commission and re-focus my tasks.

The poor relationship between us caused me to nearly leave, but they convinced me his attitude would change so I stayed.

Friends and family have suspected I am suffering from depression and last week I raised this with my employer. Initially they were seemingly supportive, offering me flexible hours. Within a few days at work, an informal meeting was called in which they told me other staff had commented on my depressed state and they thought I should have a week off as I was unfit to do my duties, which I reluctantly accepted. I visited the doctor the next day who diagnosed my depression.

Within 2 days of my week off, my employer sent me notice of a disciplinary meeting to be held at work on the day I am due to return. The disciplinary is stated to address performance issues and insubordination towards my manager, as well as reports of rudeness from co-workers for which they have got each one to write a statement about me & this was included in the letter. This has left me devastated as I feel they have changed tack within the space of days, and re-categorized my acknowledged mental problem as a disciplinary issue.

This was obviously hard to process whilst being signed off depressed, and I feel my position (I manage the co-workers in question) has been made untenable. I told them I was in no fit state to attend the meeting at such short notice and so they have agreed to delay it a few days. I honestly feel like I would rather resign than be dragged in there to answer to the mostly petty accusations made against me, as I know I will just break down.

I’d like to know if there are any rules or laws that prevent an employer from acting like this i.e. getting me off sick under the pretense of getting well and then whacking a disciplinary on me that they know full well means I’m unlikely to return to work?
Thanks in advance.

Undervalued

First question, how long have you been employed?

Regrettably if it is less than two years you have no redress unless you can show unlawful discrimination. Nothing in your post suggests there is anything actually unlawful in what they have done so far.

AgentOrange123

Undervalued wrote: »

First question, how long have you been employed?

Regrettably if it is less than two years you have no redress unless you can show unlawful discrimination. Nothing in your post suggests there is anything actually unlawful in what they have done so far.

Hi, I've been there over two years.

It was suggested to me that the entire sequence of events may equate to constructive dismissal. Essentially that's it - the reality is they want me gone, and they know I'll go because of this.

Undervalued

AgentOrange123 wrote: »

Hi, I've been there over two years.

It was suggested to me that the entire sequence of events may equate to constructive dismissal. Essentially that's it - the reality is they want me gone, and they know I'll go because of this.

Keep in mind that constructive dismissal is incredibly hard to prove. Less than 3% of cases are won at a tribunal.

Nobody on a forum like this can give you a definitive answer but, based on what you have posted, they would have to do far more for you to even have a chance of winning such a claim.

If you are seriously considering going down this route you need to take professional legal advice BEFORE resigning.

Are you a member of a union or does your house insurance provide legal expenses cover?

AgentOrange123

Undervalued wrote: »

Keep in mind that constructive dismissal is incredibly hard to prove. Less than 3% of cases are won at a tribunal.

Nobody on a forum like this can give you a definitive answer but, based on what you have posted, they would have to do far more for you to even have a chance of winning such a claim.

If you are seriously considering going down this route you need to take professional legal advice BEFORE resigning.

Are you a member of a union or does your house insurance provide legal expenses cover?

No, there's no union for my profession. Interestingly this means they have told me I have no choice but to attend the disciplinary by myself, as it's a small business and all the co-workers are now implicated. Also none of the statements were signed or dated, and they failed to mention a few things in the letter that I've now learned they should have done. However I assume all of those are irrelevancies.

OK thank you, I didn’t know much about these kinds of cases but feared it might be a stretch.

Guess I’ll just have to resign and hope and pray I can find other work. I’m signed off sick but I can’t afford to live on SSP.

Can’t believe I’m being bullied out of a job I love at a company I helped build up by this new manager & off the back of being diagnosed depressed – and there’s nothing anyone can do about it. Lovely 

I appreciate your time

AgentOrange123

Oh one more thing. I went on a course whilst at work and signed a bit of paper stating I'd have to re-pay the cost of it if I leave within a certain period, which I understand and is fine.

However it's come to light that my employer never paid a penny for me to go on the course, they are just holding me to the value of it.

Is this legal?

Undervalued

AgentOrange123 wrote: »

Oh one more thing. I went on a course whilst at work and signed a bit of paper stating I'd have to re-pay the cost of it if I leave within a certain period, which I understand and is fine.

However it's come to light that my employer never paid a penny for me to go on the course, they are just holding me to the value of it.

Is this legal?

On the face of it, no. Although maybe I'm misunderstanding your question?

Training costs can only be recovered if there is a specific signed agreement (unlike most aspect of employment law which is just as binding if the agreement is verbal). However even with an agreement the amount recovered must be reasonable and proportionate. So, if they didn't pay they can't recover!

Undervalued

AgentOrange123 wrote: »

No, there's no union for my profession.

Not that it helps now but, with a very few exceptions prohibited by law, everybody has a right to join a union of their choice.

I accept if there is not an obvious one for your work it may seem to devalue the membership but it would have helped now.

Some specialist solicitors can provide an accredited union rep even to non members (and the employer has to accept them) but it would likely cost you several hundred pounds.

AgentOrange123

Undervalued wrote: »

On the face of it, no. Although maybe I'm misunderstanding your question?

Training costs can only be recovered if there is a specific signed agreement (unlike most aspect of employment law which is just as binding if the agreement is verbal). However even with an agreement the amount recovered must be reasonable and proportionate. So, if they didn't pay they can't recover!

Ok thank you.

Perhaps when I resign I should ask them to supply full explanation including receipts for any payments to training companies for any deductions they wish to make.

Cornucopia

Difficult as it may seem, you really should think carefully before resigning. As has already been noted, it is very difficult to make a winnable case for Constructive Dismissal, but making one for Unfair Dismissal is somewhat easier as long as the basic criteria are met.

Has there been any indication of what action they may want to take in connection with your Disciplinary? Might they be prepared to consider a Compromise Agreement, if you are already thinking about leaving?

Undervalued

Cornucopia wrote: »

Difficult as it may seem, you really should think carefully before resigning. As has already been noted, it is very difficult to make a winnable case for Constructive Dismissal, but making one for Unfair Dismissal is somewhat easier as long as the basic criteria are met.

Has there been any indication of what action they may want to take in connection with your Disciplinary? Might they be prepared to consider a Compromise Agreement, if you are already thinking about leaving?

Yes indeed.

I think the OP would be well advised to get some professional advice. Certainly don't resign without.