Constructive Dismissal help

JamoLew

realitybites said:

steampowered said:

Escalation of workload is not a  good enough reason for constructive dismissal.

Not being paid is a good reason for constructive dismissal, especially if it is a repeat occurrence or a situation which goes on for a long time.

You should be able to find a law firm with someone specialising in employment litigation who is prepared to speak to you? Many law firms are happy to do an initial free or low cost consultation with someone who may have a case to explore whether there might be a case worth pursuing.

The non payment of wages was a good 6 months or more ago but was closely followed by the increased workload, more an accumulation of negativity. The wages has been resolved, finally, it is more the workload, witnessed by some colleagues, that is the mentally draining aspect. I have asked management why and voiced my concerns but get told everyone is in the same boat, which is untrue. 

So a one off error that has since been rectified plus an increased workload.

Chances of a successful Constructive Dismissal case/win = 0.00%

Manxman_in_exile

realitybites said:

oh_really said:

Op, as a union member, involving a third party for legal advice will almost certainly close the door on accessing TU legal services if s dispute gets that far.

I know you are right but the union are not intervening. If I say to you office politics are dictating the way things are handled does that give you a better insight as to the situation. I'm really not sure which way to turn

Not really - no.  Do you mean your local rep whom you gave the facts to is involved in office politics within your employer?

Do what Savvy_Sue suggested two days ago and get your regional office involved.  I was faced with a situation about 20 years ago in the NHS where my local reps were completely out of their collective depth but my Regional Officer was brilliant and sorted it all out for me.

And what do you mean the union are not intervening?  I thought you'd simply passed some "facts" on to your local rep and were waiting to hear what the union's view was.  You said you hadn't "escalated" it which I took to mean you hadn't actually asked them to do anything yet?

Tell your union clearly what you want them to do - give you advice; negotiate with your employer - whatever.  If your local rep is no good, get the regional office involved.  Only go outside the union if you are certain the union can't or won't help you.  And if they can't or won't, ask yourself why and how anybody else could do better if the union won't.

I have sought private legal advice outside my union before (I didn't tell them).  I have two law degrees, my wife is a solicitor and she got recommendations from a colleague for a reputable firm of employment lawyers.  They were completely ****ing useless and cost me an arm and a leg.  Only go outside the union if you are desperate and even then - or especially then - think twice about it.

realitybites

Tell your union clearly what you want them to do - give you advice; negotiate with your employer - whatever.  If your local rep is no good, get the regional office involved.  Only go outside the union if you are certain the union can't or won't help you.  And if they can't or won't, ask yourself why and how anybody else could do better if the union won't.

I think you are right, I am a bit naive when it comes to putting my self across (more a mental thing). I just assumed if the union wre in possession of the details they would automatically follow up, but it appears not to be the case.

Manxman_in_exile

Never assume anything!!!!!!!!!   Ask!  AsK!  Ask! 

As others have said you probably now have no cause for complaint with your employer anyway - but without the details it's impossible to say

realitybites

Manxman_in_exile said:

Never assume anything!!!!!!!!!   Ask!  AsK!  Ask! 

As others have said you probably now have no cause for complaint with your employer anyway - but without the details it's impossible to say

I wish I could but it is a massive company and I don't want to make things any worse

Marcon

realitybites said:

steampowered said:

Escalation of workload is not a  good enough reason for constructive dismissal.

Not being paid is a good reason for constructive dismissal, especially if it is a repeat occurrence or a situation which goes on for a long time.

You should be able to find a law firm with someone specialising in employment litigation who is prepared to speak to you? Many law firms are happy to do an initial free or low cost consultation with someone who may have a case to explore whether there might be a case worth pursuing.

The non payment of wages was a good 6 months or more ago but was closely followed by the increased workload, more an accumulation of negativity. The wages has been resolved, finally, it is more the workload, witnessed by some colleagues, that is the mentally draining aspect. I have asked management why and voiced my concerns but get told everyone is in the same boat, which is untrue. 

So non-payment of wages is no longer an issue.

Unless your increased workload is being heaped upon you on the basis of some 'protected characteristic' (e.g. everyone else is female and you're the only male, or there is some other form of unlawful discrimination such as race), the chances of claiming constructive dismissal and succeeding in your claim are nigh on zero. You would also find yourself out of work and it could impact on any reference given. 

If you can't manage your workload, you need a few basic assertion techniques. Learning to say 'no' isn't easy if you are naturally a rather passive person who avoids conflict. Try forcing a decision onto someone else: 'I won't be able to do X, Y and Z this week, so please let me know which of these is the highest priority and I will ensure that is done first'. 

The other possibility is that you have genuinely become less able to cope over the last year as the world turns upside down. Once you're in a downward spiral it is hard to get out of it. Does your company have an employee assistance helpline - the sort you can ring free and anonymously?

realitybites

Marcon said:

realitybites said:

steampowered said:

Escalation of workload is not a  good enough reason for constructive dismissal.

Not being paid is a good reason for constructive dismissal, especially if it is a repeat occurrence or a situation which goes on for a long time.

You should be able to find a law firm with someone specialising in employment litigation who is prepared to speak to you? Many law firms are happy to do an initial free or low cost consultation with someone who may have a case to explore whether there might be a case worth pursuing.

The non payment of wages was a good 6 months or more ago but was closely followed by the increased workload, more an accumulation of negativity. The wages has been resolved, finally, it is more the workload, witnessed by some colleagues, that is the mentally draining aspect. I have asked management why and voiced my concerns but get told everyone is in the same boat, which is untrue. 

So non-payment of wages is no longer an issue.

Unless your increased workload is being heaped upon you on the basis of some 'protected characteristic' (e.g. everyone else is female and you're the only male, or there is some other form of unlawful discrimination such as race), the chances of claiming constructive dismissal and succeeding in your claim are nigh on zero. You would also find yourself out of work and it could impact on any reference given. 

If you can't manage your workload, you need a few basic assertion techniques. Learning to say 'no' isn't easy if you are naturally a rather passive person who avoids conflict. Try forcing a decision onto someone else: 'I won't be able to do X, Y and Z this week, so please let me know which of these is the highest priority and I will ensure that is done first'. 

The other possibility is that you have genuinely become less able to cope over the last year as the world turns upside down. Once you're in a downward spiral it is hard to get out of it. Does your company have an employee assistance helpline - the sort you can ring free and anonymously?

My workload has remained constant since I've been here until the last 9 months or so. It is fairly physical but I am more than capable of coping ( I doubt they are taking adavantage all of a sudden thinking I am capable of more than my colleagues). Other colleagues have noticed my increased workload so I am not imagining it. When push comes to shove I doubt that empathy will result in any sort of support. While I am being treated like this everyone else is off the hook so to speak. I will have a word with my rep and see if the union can help out any more.

gettingtheresometime

realitybites said:

Marcon said:

realitybites said:

steampowered said:

Escalation of workload is not a  good enough reason for constructive dismissal.

Not being paid is a good reason for constructive dismissal, especially if it is a repeat occurrence or a situation which goes on for a long time.

You should be able to find a law firm with someone specialising in employment litigation who is prepared to speak to you? Many law firms are happy to do an initial free or low cost consultation with someone who may have a case to explore whether there might be a case worth pursuing.

The non payment of wages was a good 6 months or more ago but was closely followed by the increased workload, more an accumulation of negativity. The wages has been resolved, finally, it is more the workload, witnessed by some colleagues, that is the mentally draining aspect. I have asked management why and voiced my concerns but get told everyone is in the same boat, which is untrue. 

So non-payment of wages is no longer an issue.

Unless your increased workload is being heaped upon you on the basis of some 'protected characteristic' (e.g. everyone else is female and you're the only male, or there is some other form of unlawful discrimination such as race), the chances of claiming constructive dismissal and succeeding in your claim are nigh on zero. You would also find yourself out of work and it could impact on any reference given. 

If you can't manage your workload, you need a few basic assertion techniques. Learning to say 'no' isn't easy if you are naturally a rather passive person who avoids conflict. Try forcing a decision onto someone else: 'I won't be able to do X, Y and Z this week, so please let me know which of these is the highest priority and I will ensure that is done first'. 

The other possibility is that you have genuinely become less able to cope over the last year as the world turns upside down. Once you're in a downward spiral it is hard to get out of it. Does your company have an employee assistance helpline - the sort you can ring free and anonymously?

My workload has remained constant since I've been here until the last 9 months or so. It is fairly physical but I am more than capable of coping ( I doubt they are taking adavantage all of a sudden thinking I am capable of more than my colleagues). Other colleagues have noticed my increased workload so I am not imagining it. When push comes to shove I doubt that empathy will result in any sort of support. While I am being treated like this everyone else is off the hook so to speak. I will have a word with my rep and see if the union can help out any more.

I used to work at a place where it seemed every new requirement was landed at my door and it got to the point where OH was fed up with me having to go in early & finish late to manage.
I solved the situation by getting a new job.
A few months later I bumped into a ex-colleague who admitted that management hadn't realised how much I was responsible for until queries were raised as to why x,y or z hadn't been produced only for them to realise I had done it.

JamoLew

You are more than capable of coping (your words) - so your colleagues are slacking/slackers - sounds like the problem lies there to be honest

It does sound more like you have "fallen out of love" with your job and are grasping at the straw of constructive dismissal

Brynsam

realitybites said:

Marcon said:

realitybites said:

steampowered said:

Escalation of workload is not a  good enough reason for constructive dismissal.

Not being paid is a good reason for constructive dismissal, especially if it is a repeat occurrence or a situation which goes on for a long time.

You should be able to find a law firm with someone specialising in employment litigation who is prepared to speak to you? Many law firms are happy to do an initial free or low cost consultation with someone who may have a case to explore whether there might be a case worth pursuing.

The non payment of wages was a good 6 months or more ago but was closely followed by the increased workload, more an accumulation of negativity. The wages has been resolved, finally, it is more the workload, witnessed by some colleagues, that is the mentally draining aspect. I have asked management why and voiced my concerns but get told everyone is in the same boat, which is untrue. 

So non-payment of wages is no longer an issue.

Unless your increased workload is being heaped upon you on the basis of some 'protected characteristic' (e.g. everyone else is female and you're the only male, or there is some other form of unlawful discrimination such as race), the chances of claiming constructive dismissal and succeeding in your claim are nigh on zero. You would also find yourself out of work and it could impact on any reference given. 

If you can't manage your workload, you need a few basic assertion techniques. Learning to say 'no' isn't easy if you are naturally a rather passive person who avoids conflict. Try forcing a decision onto someone else: 'I won't be able to do X, Y and Z this week, so please let me know which of these is the highest priority and I will ensure that is done first'. 

The other possibility is that you have genuinely become less able to cope over the last year as the world turns upside down. Once you're in a downward spiral it is hard to get out of it. Does your company have an employee assistance helpline - the sort you can ring free and anonymously?

My workload has remained constant since I've been here until the last 9 months or so. It is fairly physical but I am more than capable of coping ( I doubt they are taking adavantage all of a sudden thinking I am capable of more than my colleagues). Other colleagues have noticed my increased workload so I am not imagining it. When push comes to shove I doubt that empathy will result in any sort of support. While I am being treated like this everyone else is off the hook so to speak. I will have a word with my rep and see if the union can help out any more.

If you are 'more than capable of coping' what exactly are you complaining about? It's entirely reasonable for an employer to make full use of an employee - and given the timeframe in which this has happened (i.e. coincides with the onset of the COVID crisis) it sounds as if that is exactly what has happened.