Manager has openly criticised me on Facebook

xapprenticex

Takeaway_Addict wrote: »

From what I read it is the MD, no one higher!

Wow......

Time to leave then, do as suggested above.

Masomnia

You don't need two years' service to bring about a claim for breach of contract, which is what this looks like to me. Textbook case really. You'd have to resign with immediate effect and spell out the reasons why you feel you have been constructively dismissed in your letter of resignation.

You can raise a grievance internally, but the most you will get is an apology!

Personally I'd seek legal advice. What you can actually claim if you did go ahead with it may be limited so worth getting a professional to look at the facts imho.

Crazy_Jamie

Mr.Generous wrote: »

I take it it's a fairly small company. Time to look for another job for sure. Constructive dismissal requires such a serious breach of your employment conditions that you have no choice but to resign.

No, it requires a fundamental breach of contract. Most claims rely on a breach of the implied term of trust and confidence, a breach of which is automatically fundamental. Suggesting that the breach needs such that a person has no choice but to resign is misleading; employees do not have to resign following a fundamental breach, and indeed many either do not do so or wait so long to do so that they are held to have waived the breach.

Masomnia wrote:

You don't need two years' service to bring about a claim for breach of contract, which is what this looks like to me. Textbook case really.

It requires a fundamental breach of contract, but it is an unfair dismissal case. So you do require two years' service.

Nicki wrote:

How long have you worked there? You'll need the qualifying 2 years service before you start even thinking about constructive dismissal and those claims are notoriously hard to win. You'd be better off pursuing a claim for defamation to be honest provided you feel comfortable handling this yourself (the onus will be on the employer to prove what he said was true not on you to prove it was false) and your damages claim could include loss of earnings as well as damage to your future employability. As the employer didn't bring these criticisms to your attention first, he wouldn't succeed in claiming honest opinion (used to be known as fair comment) as that's doesn't work where there's been malice which the use of facebook in this context would be good evidence of.

The point about the qualifying period is correct, and indeed if the OP doesn't have two years' service then he will have no standing to bring a claim for constructive dismissal.

The advice to bring a defamation claim rather than a constructive dismissal is, at least in my view, a little shaky. People on this forum seem to be very quick to state the 'constructive dismissal claims are notoriously hard to win' line without fully considering the facts of the case. Public criticism of an employee is a classic example of a situation that can very easily give rise to a valid constructive dismissal claim. Such cases typically involve managers criticising employees in front of other employees. This case is a little different, but if anything in my view posting such criticism publicly on the internet strengthens the OP's position. You can never say that a constructive dismissal claim is nailed on, but it certainly looks like a constructive dismissal claim would have reasonable prospects of success here. Of course such a claim would require the OP to resign, but given it is the MD of the company who posted the criticism I would have thought that that seems likely in any event.

To my mind an employment claim for constructive dismissal would be a much better route that a claim for defamation, though of course the OP can do both. Defamation actions are brought in the county court and are much harder to navigate for a litigant in person. If the OP was going to pick one I'd suggest the constructive dismissal route.

On a side note, it's also common on these forums for people to advise that you need to resign with immediate effect to bring a constructive dismissal claim. You don't. Of course you can, but your chances of succeeding in a constructive dismissal claim would not at all be affected if you chose to work your notice period.

McKneff

Tape some fish in some air grid or behind a radiator before you leave

steampowered

The MD's conduct sound really bad.

If there is noone higher in the company, I think you have to decide what outcome do you want from this? An apology? A bit of compensation when you move to a new job?

It sounds like you could have a reasonable shake at claiming constructive dismissal (if you have 2 years service) or an instant resignation plus pay for your notice period (if you have less than 2 years service). That wouldn't get you a good reference though!

I totally agree with Crazy Jamie that suing the employer for defamation is not really a practical option. Defamation cases can only be brought in the High Court. The implication of that is that if the Op loses the case, he/she would be liable for the employer's legal costs which could be thousands.

Masomnia

Crazy_Jamie wrote: »

No, it requires a fundamental breach of contract. Most claims rely on a breach of the implied term of trust and confidence, a breach of which is automatically fundamental. Suggesting that the breach needs such that a person has no choice but to resign is misleading; employees do not have to resign following a fundamental breach, and indeed many either do not do so or wait so long to do so that they are held to have waived the breach.

It requires a fundamental breach of contract, but it is an unfair dismissal case. So you do require two years' service.

The point about the qualifying period is correct, and indeed if the OP doesn't have two years' service then he will have no standing to bring a claim for constructive dismissal.

The advice to bring a defamation claim rather than a constructive dismissal is, at least in my view, a little shaky. People on this forum seem to be very quick to state the 'constructive dismissal claims are notoriously hard to win' line without fully considering the facts of the case. Public criticism of an employee is a classic example of a situation that can very easily give rise to a valid constructive dismissal claim. Such cases typically involve managers criticising employees in front of other employees. This case is a little different, but if anything in my view posting such criticism publicly on the internet strengthens the OP's position. You can never say that a constructive dismissal claim is nailed on, but it certainly looks like a constructive dismissal claim would have reasonable prospects of success here. Of course such a claim would require the OP to resign, but given it is the MD of the company who posted the criticism I would have thought that that seems likely in any event.

To my mind an employment claim for constructive dismissal would be a much better route that a claim for defamation, though of course the OP can do both. Defamation actions are brought in the county court and are much harder to navigate for a litigant in person. If the OP was going to pick one I'd suggest the constructive dismissal route.

On a side note, it's also common on these forums for people to advise that you need to resign with immediate effect to bring a constructive dismissal claim. You don't. Of course you can, but your chances of succeeding in a constructive dismissal claim would not at all be affected if you chose to work your notice period.

I agree with the above.

Personally I'm very wary of giving advice on here, because you're talking about people's livelihoods and their careers; and high costs associated with bringing action, and in some cases even getting advice.

There are very clear cases like you've alluded to where employees have brought breach of contract claims in similar circumstances ie. public criticism of employees and won. Without wanting to give advice, I agree this is a strong case.

I agree that there is potential for an unfair dismissal claim but it will depend on the length of service. If the OP does have less than two years' service they can still bring claim for breach of contract, but as in my post there might not be much to be gained, which is why I suggested getting professional advice.

You don't *have* to resign with immediate effect to claim constructive dismissal, but if your argument is that they're intolerable to work for then obviously it weakens your position if you continue to work for them.

Crazy_Jamie

Masomnia wrote: »

I agree that there is potential for an unfair dismissal claim but it will depend on the length of service. If the OP does have less than two years' service they can still bring claim for breach of contract, but as in my post there might not be much to be gained, which is why I suggested getting professional advice.

You are right that they can bring a claim for breach of contract, but such a claim couldn't be for anything more than notice pay in the event that the OP resigns with immediate effect, but if their service is less than two years would likely be minimal. What other damages do you say the OP would be entitled to in a breach of contract claim as opposed to an unfair dismissal claim?

Masomnia wrote:

You don't *have* to resign with immediate effect to claim constructive dismissal, but if your argument is that they're intolerable to work for then obviously it weakens your position if you continue to work for them.

Your argument isn't that it is intolerable to work for them. Your argument is that they have fundamentally breached the contract of employment. Section 95(1)(c) of the Employment Rights Act 1996 explicitly states that an employee can give notice and still claim constructive dismissal (click). If the OP was to work more than their notice period then that is a risk, and could give rise to an argument that they have waived the breach (as happened in Cockram v Air Products Plc), but working a notice period cannot negatively impact on a constructive dismissal claim.

Undervalued

steampowered wrote: »

I totally agree with Crazy Jamie that suing the employer for defamation is not really a practical option. Defamation cases can only be brought in the High Court. The implication of that is that if the Op loses the case, he/she would be liable for the employer's legal costs which could be thousands.

I agree.

Plus of course a complete defence to a defamation claim would be if what was said was true!

It doesn't matter how unpleasant, damaging or lacking in taste the comments may be, all that matters is if they are true or fair comment.

andygb

xapprenticex wrote: »

Please tell me you have print screened it???

Now take it to HR, your manager is clearly stupid for doing something like that.

No, he is a criminal - is that too difficult to understand?
If he was stupid, then he would have done it in a way which could not have been discovered.
He would still have been a criminal.

agrinnall

andygb wrote: »

No, he is a criminal - is that too difficult to understand?
If he was stupid, then he would have done it in a way which could not have been discovered.
He would still have been a criminal.

Care to explain what crime he has committed?