If I left could I Claim Constructive Dismissal

FBaby

You can raise a grievance if you think that your GM isn't following the process properly. She shouldn't be telling you out of the blue that she thinks you are bad at your job. She should be following whatever internal procedures expected to be taken to deal with poor performance. Has she done that?

If not, you have ground for a grievance. However, all it will mean is that she will formalise it, although that would require evidencing why she thinks this is the case, so you have something in writing that again you could dispute.

It's a lot of trouble though which is likely not to lead to any evidence that the company has done anything illegal, so unfortunately, however sad, such things happen and that's when you do look for another job.

Lisbon

A promise is rarely a contract for the simple reason it doesn't meet all the requirements to be a valid contract - in this case, there doesn't seem to be any consideration and no clear intention that the promise was intended to be legally binding.

Looks like your time is up at this company, at least in terms of future progression. Constructive dismissal? Hardly.

xapprenticex

No doubt sickness is not your fault but if you were expecting to return after 8 months sickness to a red carpet and fast-track to management then consider this a wakeup call.

Even the previous managers may have changed their mind (Do you have proof of it?) after the absence nevermind the new ones who did not agree it.

no constructive dismissal imo.

TBagpuss

I don't think that a company can reasomably be considered to be acting unfiarly or unreasonablyy if they didn't promote you after 8 months off sick.

Had you not had the misfortune to be ill, perhaps you would have ben promote,d but the employer had to get on with the job while you were away, and you missed out.


It's frustrating for you, but not unfair.

You now have a new manager and you will need to give them time to see that you are good at your job, and then apply when opportunities for advancement come up.

Is it possible that during your absence you've got a little out of the rhythm of work so you aren't performing as well now as you were before you were ill?

I'd suggest that you focus on doing your job as well as you can.

At present, I don't see that you have any grounds at all for a grievance.

It sounds as though your area manager was perhaps warning you off making an inappropriate complaint formal. If you are determined to raise a grievance then obviously you can proceed with that, using the correct process, but if you do, I would suggest that you focus on anything you feel the manager is doing no - the things that happened before you went sick are not relevant, the situation changes due to your illness.
The only *current* issue would seem to be that your manager said you were bad at your jo. I'd sugest that as a first step you speak to your manager about that and ask forspecifc examples, and ways you can improve, and follow the advice given.

That way, if there are genuine concerns about your performance (and bear in mind, the new manger may have made changes, or have preferred ways for things to be done, which you need to adapt to) you can address them, and if there are not, you potentially have a genuine cause for concern if you can show that she is saying you are bad at your job, but is unable / unwilling to give you and details of her concerns or to tell you how to improve.

If you feel that she is trying to manage you out, then start looking for a new job, and move on on your timetable, not hers.

As it stands, I don't think you would have any chance at succeeding in a Constructive Dismissal claim.

ohreally

ScorpiondeRooftrouser wrote: »

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.

I didn't advise going to grievance, this decision had already been made. By going down this route the employer follows a a path, if the first stage falls due to management inaction, to avoid being out of time the next stage requires to be invoked.

scd3scd4

I would sit tight and ride it out. Perform your current job well. You can always keep eye open for other jobs in the meantime.

System

I agree with a lot of comments here. I wouldn't promote someone who had 8 months on the sick, despite if it was their fault or not. I would say that that employee had to build up trust and experience again before they were considered for such a reward.


As for structure. My place constantly changes the structure. We had Managers reporting to Deans. Then no Deans, just Directors of areas, then just the Principals with the CMs under them. Then the CM's were made by department, not for the area. Then some left so some CMs had the majority of the departments and others didn't. No doubt it'll all change again soon as someone leaves and they don't replace, just shuffle around.