Can I still claim for constructive dismissal?

sassyblue

Dox said:

There's no point debating on a forum like this 

Thanks but I wasn’t asking for a debate, I had one question I wondered if anyone knew the answer to.  It’s always worth a shot asking on here rather than paying £300+ isn’t it.

getmore4less

Constructive dismissal?

You knew you were going into a difficult situation. 

Managment dis not support. 

You stayed till you went off sick.

The situation never got so bad you had to resign(constructive dismissal).

Why were you not pushing back and complaining. 

What was happening that you could not resist and/or ignore? 

Why did you not move away from that person before it made you sick. 

rosiesposies

getmore4less said:

Constructive dismissal?

You knew you were going into a difficult situation. 

Managment dis not support. 

You stayed till you went off sick.

The situation never got so bad you had to resign(constructive dismissal).

Why were you not pushing back and complaining. 

What was happening that you could not resist and/or ignore? 

Why did you not move away from that person before it made you sick. 

Unless you are in the OP position it’s very easy to Give advice like this, especially if you are a man. Op I went through something very similar 4 years ago with ex employer, it’s mentally damaging and can go so far as gaslighting and be likened to being in an emotionally abuse relationship. Lots of people will give advice like above, because it’s a job it’s like you are supposed to switch it off at 5pm. The toll it can take when it’s your income at risk vs mental health is like no other I could describe. 

OP, pm me if you so wish, i didn’t get to ec1 but I resigned and signed SA after seeking legal advice. 

steampowered

If you are intending to claim for constructive dismissal, the usual legal advice is to do that sooner rather than later.

The requirements for constructive dismissal are:
1)The employee must resign
2)The employer must have committed a fundamental breach of contract
3)The resignation must be in response to the breach

The longer you wait, the more difficult a constructive dismissal claim becomes. It is very difficult to prove that you were forced to resign for something that happened a long time ago. Especially if you have already started work in another job.

If you want to go down the constructive dismissal route, you should seek advice from an employment lawyer as soon as possible.

TBagpuss

I think you normally have to show that you have tried to resolve internally, so raise a grievance and resign if they blow off tyour concerns or if you are subjected to retaliation as a result of your grievance

Comms69

rosiesposies said:

getmore4less said:

Constructive dismissal?

You knew you were going into a difficult situation. 

Managment dis not support. 

You stayed till you went off sick.

The situation never got so bad you had to resign(constructive dismissal).

Why were you not pushing back and complaining. 

What was happening that you could not resist and/or ignore? 

Why did you not move away from that person before it made you sick. 

Unless you are in the OP position it’s very easy to Give advice like this, especially if you are a man. Op I went through something very similar 4 years ago with ex employer, it’s mentally damaging and can go so far as gaslighting and be likened to being in an emotionally abuse relationship. Lots of people will give advice like above, because it’s a job it’s like you are supposed to switch it off at 5pm. The toll it can take when it’s your income at risk vs mental health is like no other I could describe. 

OP, pm me if you so wish, i didn’t get to ec1 but I resigned and signed SA after seeking legal advice. 

That's very sexist. Why would women have a harder time saying this?

eamon

To the OP you are clearly unhappy. I had started typing out a pile of stuff and realised it was just repetition of all the other comments. Instead please see the link below.

https://www.landaulaw.co.uk/grievance-at-work/

Then read this

https://workingfamilies.org.uk/workflex-blog/grievances-do-more-harm-than-good/

Your trust in your employer to look after you has gone. Look after yourself they clearly won't. Are they paying you full wages etc while off sick? Then don't resign until you've had every penny out of them.

sassyblue

getmore4less said:

Constructive dismissal?

You knew you were going into a difficult situation. 

Managment dis not support. 

You stayed till you went off sick.

The situation never got so bad you had to resign(constructive dismissal).

Why were you not pushing back and complaining. 

What was happening that you could not resist and/or ignore? 

Why did you not move away from that person before it made you sick. 

Wow.  If you truly believe all of that why do laws exist to protect employees in the first place? I wonder what you would say to a victim of domestic abuse, your post ridiculously reads as though it’s all my fault.  

I'm professional.  I went to work to work and do a good job - not that I need to justify myself to you.  Such a pity the person I was working for couldn’t do the same. 

sassyblue

eamon said:

To the OP you are clearly unhappy. I had started typing out a pile of stuff and realised it was just repetition of all the other comments. Instead please see the link below.

https://www.landaulaw.co.uk/grievance-at-work/

Then read this

https://workingfamilies.org.uk/workflex-blog/grievances-do-more-harm-than-good/

Your trust in your employer to look after you has gone. Look after yourself they clearly won't. Are they paying you full wages etc while off sick? Then don't resign until you've had every penny out of them.

Thanks. You're right the trust has gone, yes I’m getting full pay in the meantime.  Nobody should go to work worrying what mood their colleagues are in and be subject to their tantrums, what was right one day wasn’t the next - and then that would be fine for a week until it all changed again.  You wouldn’t believe the tantrums I’ve been on the end of, one day her sandwich was stale (She’d purchased it herself from a shop!). Absolute madness.

Rosie was correct above, it’s like gaslighting, continual love bombing and tantrum throwing. I loved my job but she has chipped away at me, I thought I was ignoring it but eventually it gets to you.  These are the first sick notes I have ever had in my life and I'm over 50.

Didn’t mean that to sound like a rant   I like the thought of getting every penny out of them which will annoy them but equally I’d like to move on as I have no respect or loyalty for them.