If I left could I Claim Constructive Dismissal

Pinklight

Bare with me this is long.

Last year I was on long-term sick for 8 months due to an operation going wrong. Upon my return my work place had a new General Manager in charge.

Before I left I’d had a review with my manager who told me she wanted me to train for her position when I return. The GM at the time had asked her to get me trained and promote me.

When I returned nobody acknowledged this conversation. The then GM had moved on and been replaced by this other woman. My manager was about to leave for maternity & instead of getting me trained they promoted someone else. He lasted 5 months before he left due to stress. My GM then refused to promote anyone else to manager and instead has promoted s temporary someone below me to the same level as me & the other 2 supervisors and given is more work to do instead.

The GM has taken this temp supervisor under her wing and given her so much power she’s been trying to do everyone’s job. I also saw that she has been put on a course I was supposed to be next in line for.

I confronted my GM about this & she told me how bad I was at my job and how she had promised this now temp Sup a position on the course while I was off sick. She told me how well the temp is doing and tried to make out that every other manager had said I was bad at my job. I know this is lies especially considering how hard I’ve been working with this extra work.

I feel she is trying to push me out of my job so the temp can have a permanent position because she likes her. The fact that I returned from sick to a new GM who only gives support to those who ask for it and has been blatantly giving her favourites privileges I feel I just want to leave.

Can I claim constructive dismissal?

Takeaway_Addict

Pinklight wrote: »

Bare with me this is long.

Last year I was on long-term sick for 8 months due to an operation going wrong. Upon my return my work place had a new General Manager in charge.

Before I left I!!!8217;d had a review with my manager who told me she wanted me to train for her position when I return. The GM at the time had asked her to get me trained and promote me.

When I returned nobody acknowledged this conversation. The then GM had moved on and been replaced by this other woman. My manager was about to leave for maternity & instead of getting me trained they promoted someone else. He lasted 5 months before he left due to stress. My GM then refused to promote anyone else to manager and instead has promoted s temporary someone below me to the same level as me & the other 2 supervisors and given is more work to do instead.

The GM has taken this temp supervisor under her wing and given her so much power she!!!8217;s been trying to do everyone!!!8217;s job. I also saw that she has been put on a course I was supposed to be next in line for.

I confronted my GM about this & she told me how bad I was at my job and how she had promised this now temp Sup a position on the course while I was off sick. She told me how well the temp is doing and tried to make out that every other manager had said I was bad at my job. I know this is lies especially considering how hard I!!!8217;ve been working with this extra work.

I feel she is trying to push me out of my job so the temp can have a permanent position because she likes her. The fact that I returned from sick to a new GM who only gives support to those who ask for it and has been blatantly giving her favourites privileges I feel I just want to leave.

Can I claim constructive dismissal?

In short no.....things change and you've done very little...you've not even raised a grievance.


EDIT-Well anyone can claim CD but I'd think your chances of winning are pretty much non existent

bhjm

if you that good - you easily find a company that wants YOU !

marliepanda

You were promised a promotion. Promises are not contracts.

You then were sick for 8 months, the GM who wanted you promoted has gone and your manager is about to go on maternity. In those 8 months clearly many things have changed. They will have had to fill those opportunities. Whilst your job is clearly still there, they do not have to keep the opportunities promised to you before you left open. Companies cannot go on hold for 8 months waiting for someone to return (as you may have decided not to!)

It can be hard to support those who don!!!8217;t ask for it.

The power structure of managers/supervisors is changeable at any point (Sainsbury!!!8217;s just did a very similar restructuring) they can have 10 supervisors and no managers if they choose.

Basically you were promised opportunities but they have now gone. You may have rubbed the manager up the wrong way by going in with the attitude that these opportunities were yours and she was wrong to give the to people in your absence.

Annnnnywah no not constructive dismissal. Not even close.

nicechap

Pinklight wrote: »

Bare with me this is long.

Last year I was on long-term sick for 8 months due to an operation going wrong. Upon my return my work place had a new General Manager in charge.

Before I left I!!!8217;d had a review with my manager who told me she wanted me to train for her position when I return. The GM at the time had asked her to get me trained and promote me.

When I returned nobody acknowledged this conversation. The then GM had moved on and been replaced by this other woman. My manager was about to leave for maternity & instead of getting me trained they promoted someone else. who hadn't been off for 8 months? He lasted 5 months before he left due to stress. sounds like you dodged a bullet then!My GM then refused to promote anyone else to manager and instead has promoted s temporary someone below me to the same level as me & the other 2 supervisors and given is more work to do instead.

The GM has taken this temp supervisor under her wing and given her so much power she!!!8217;s been trying to do everyone!!!8217;s job. I also saw that she has been put on a course I was supposed to be next in line for.maybe she's talented and keen?

I confronted my GM about this & she told me how bad I was at my job and how she had promised this now temp Sup a position on the course while I was off sick. She told me how well the temp is doing and tried to make out that every other manager had said I was bad at my job. I know this is lies especially considering how hard I!!!8217;ve been working with this extra work.

I feel she is trying to push me out of my job so the temp can have a permanent position because she likes her. The fact that I returned from sick to a new GM who only gives support to those who ask for it and has been blatantly giving her favourites privileges I feel I just want to leave.You are allowed to leave.

Can I claim constructive dismissal?

You can claim constructive dismissal if you've been there over 2 years, but be prepared to lose your house in paying the company's legal fees if (when) you lose.

Pinklight

I emailed my area manager asking for a grievance against how i’ve been treated since my return and he wouldn’t accept it and told me to speak directly with my GM. The company grievance policy clearly said that if I had a problem with a person I should contact the person above them. Fat luck that did me.

ohreally

Pinklight wrote: »

I emailed my area manager asking for a grievance against how i!!!8217;ve been treated since my return and he wouldn!!!8217;t accept it and told me to speak directly with my GM. The company grievance policy clearly said that if I had a problem with a person I should contact the person above them. Fat luck that did me.

You need to make clear that you are formally invoking the grievance machinery, copy HR in to the communication.

If it continues to fall on deaf ears move to the next stage in the process.

ScorpiondeRooftrouser

ohreally wrote: »

You need to make clear that you are formally invoking the grievance machinery, copy HR in to the communication.

If it continues to fall on deaf ears move to the next stage in the process.

No, don't. It won't do you any good and you have no grounds to raise a grievance.

The old manager rated you. The new one doesn't. Either lump it, or find another job.

christaitfife

marliepanda wrote: »

You were promised a promotion. Promises are not contracts.
.

A promise can be a contract. Proving/ arguing this under these circumstances will be next-to impossible.

And, yes if you left you could claim Constructive Dismissal - I doubt you would win though.

If you look at your circumstances from a neutral point-of-view you may understand her behaviour. Clearly there is something fundamentally wrong with your department if you look at the absence rate (I am going by the two sicknesses you talk about). Yes, she most likely is trying to get rid of you - it is business and if you don't fit her vision she will likely want you out.

To be fair, 8 months sick is a long time. Up until this point you have clearly had a very understanding company. I know my organisation would likely have replaced you by this.

CakeCrusader

Constructive dismissal is a tough one. You'd have to walk right away because the conduct of your employer made it impossible for you to carry on working there, and by staying (even if it's just a few months), it may be deemed that you've accepted the behavior. You also need to show that your employer has irreversibly damaged the employer-employee bond, which is tough to prove.


The turnover of staff might indicate that there's a problem with the new job anyway, so it may be a blessing that you weren't promoted (sorry if this seems harsh). You're rethinking your options, and hopefully you'll find a better job or a better path. If they hadn't have done this, is it likely that you'd have been promoted and ended up leaving because the job's crap? Probably.

TELLIT01

Not being given a promotion you were allegedly promised by a manager who no longer works there is going to be extremely difficult to prove. Plus, the timescale between that conversation and the present day means all sorts of things might have changed to make the original promise impossible to fulfil anyway.
Following restructuring where I worked I was 'promised' a certain role by my new manager. Bearing in mind I'd only met him once before I took that with a massive pinch of salt anyway. I had been told by others who knew him far better than I did, that he was infamous for trying to set people against each other by promising the same role to different people at the same time. The role never materialised, for me or anyone else, but that wouldn't provide grounds for leaving and claiming constructive dismissal. Nor does your situation.
You are actually quite fortunate still to have any job with the company. Many would have 'managed you out' long before 8 months of sickness had passed.