Can I still claim for constructive dismissal?

sassyblue

Deleted....

sassyblue

I should add... the bit about my top manager saying in my appraisal he didn’t know how I put up with my manager was even written into my appraisal file. I don’t know if it could be used as evidence but it’s there.

Thrugelmir

Have you considered lodging a formal grievance with your employer ? 

Irrespective of whether you remain in employment with them or not. 

sassyblue

Thrugelmir said:

Have you considered lodging a formal grievance with your employer ? 

Irrespective of whether you remain in employment with them or not. 

I'm not sure what the point would be, they have witnessed her behaviour, I assume they have spoken to her and still she behaves badly.  They are struggling financially and she has always and is, bringing the bulk of their money in. 

I really wouldn’t have any faith in a grievance procedure sadly, plus I have been on the sick for three months, would it look silly to lodge it now? 

Thrugelmir

Reinforces your position. If it's constructive dismissal or a suitable pay off you are looking for. Otherwise what have got to support your case if the matter goes to an industrial tribunal. Consult an employment solicitor. Often a suitably drafted letter can focus the management's attention. Cheaper to pay off an employee with an ex gratia sum than spend time time and money winning the argument. 

Brynsam

I think this really is one where you need expert advice from a suitably experienced solicitor.

tacpot12

I don't think it is too late to take some action, but you might not be able to take this to an employment tribunal due to the time limit; but as you have been make ill, there may be some flexibility with the time limit providing you act as soon as you are able to.  As per Brynsam's suggestion I think you need expert help with this. 

Do you have any home insurance, if so, check whether you have any legal expenses cover? Your insurer's solicitor may represent your case to the company.

I think taking a stand is important here - if she brings in the money, she will be allowed to continue, but if she starts costing them more money than she makes - especially if she hits the directors/partners profits they will start to realise that she is not the money-machine they thought she was. Sometime in Business, money is the only thing that matters. 

Savvy_Sue

sassyblue said:

I'm so angry at how I’ve been treated and hope if I take a stand management might finally do something to prevent someone else suffering.

The reality is that if they have acknowledged how difficult she is but not taken any action, you can take as much of a stand as you like but nothing is likely to change. I'm sorry, I'm being brutal here, but you've had a breakdown, you're still off sick, attempting to take a stand isn't going to end well in terms of your mental health. 

By all means raise a grievance, but I would definitely be looking for work elsewhere. What possible result could you get from that? Would you ever, under any circumstances, return to a company which had treated you like this? And an employment tribunal isn't the place to 'take a stand' in the hope the employer will change. All they are considering is whether or not the employer has acted lawfully. 

Undervalued

sassyblue said:

I'm so angry at how I’ve been treated and hope if I take a stand management might finally do something to prevent someone else suffering.

thanks for reading 

Old Chinese proverb...
Before setting out for vengeance, first dig two graves!

Seriously though, that is not the function of the civil courts / tribunals. If you have (legally) been wronged then the court / tribunal can award you compensation. That is all. They are not there to "punish" the employer. Obviously having to pay out compensation and legal fees may indirectly deter then from doing it again. Equally they may just feel that their "robust" management style works out overall (for them) and that occasionally there will be costs.

Finally less than 3% of constructive dismissal cases are won at an employment tribunal, although obviously some will be settled before getting that far.

Dox

sassyblue said:

I'm so angry at how I’ve been treated and hope if I take a stand management might finally do something to prevent someone else suffering.

From what you've said, why would they?

The only interests you need to protect are you own, specifically your health and well being. There's no point debating on a forum like this - you really need personalised legal advice on how best to negotiate a parting of the ways on the most favourable terms possible, both in cash and a future reference.

sassyblue

tacpot12 said:

I think taking a stand is important here - if she brings in the money, she will be allowed to continue, but if she starts costing them more money than she makes - especially if she hits the directors/partners profits they will start to realise that she is not the money-machine they thought she was. Sometime in Business, money is the only thing that matters. 

Thanks all

They are money mad (and I know they’re not going to get in any trouble anywhere lol) so hitting them in their pocket is an option which, I’m aware, would no doubt end up in a Settlement Agreement.