Constructive Dismissal?

LegacyUser

Hi guys.

I've posted here numerous times before, still in the same company, but will try to keep this as un-detailed as possible for safety's sake.

I have been in a job for 2 years. A certain period of time ago, I successfully won a case against my job for a work related accident. I took the case because I had no other way to pay my medical bills. For 6 weeks before the accident, I had been put on short time with no reason, when hours were available.

Since the accident, I have been subjected to what I would assume is bullying and victimization, to the point where I am afraid to go to work each day. I have been and continue to be sexually harassed by male members of staff, although this is happening to other women, too. It has gotten to a point where a member of staff has given me a vile, sexual nickname, and has demanded I have phone sex with him. I have been assaulted by a manager, only last week. I have only gotten my contracted hours for two weeks since the case, which was a year ago, despite the hiring of new staff every few weeks. I've been given warnings for very minor offences, one of which I was not at fault for. Other staff and even managers have committed the same 'offences' to a higher degree and not been disciplined, let alone warned. I have been fasely accused of things, with no witnesses around, after specifically telling the manager on duty that I did not want him to speak to me without a witness present. I have been accused of lying about my accident, the one which caused me to take the case, and a subsequent accident which meant I had to go home early. I am also frequently given only 8 or 10 hours between shifts, and I work in a physically demanding job so am exhausted on these days.

Basically, the place is run terribly and I feel that I have been a victim of bullying since my case against the place. I have a diary of events which is about 11 months old, although it does not contain every incident as I forgot to enter some of them and have subsequently forgotten the dates that they happened and don't know if I should enter them into my log without dates.

I was considering leaving and just going straight to the Labour Court, but I'm wondering what the best way to go would be? Should I try to sort this out with my HR department first, despite the fact that a HR manager was the one who accused me of lying about my injuries in the original accident? If I do, I will have to arrange a meeting outside of work hours and am wondering am I within my rights to bring a non-staff witness?

I know the resounding answer will be 'Get another job,' but believe me, I have been trying, but jobs seem to be few and far between right now. ANY advice at all as to what procedures I should follow would really help me right now as I'm desperate. As a side note, my anti-depressants have been increased steadily since my accident, as I am getting more and more depressed in this place, and my psychiatrist has notes from each of my sessions, where I told him just how badly the treatment I am receiving has affected me. I also have a former manager willing to act as a witness, if necessary. Sorry for the long post, but any advice would be really helpful.

mikewest

beenherebefore wrote: »

I am also frequently given only 8 or 10 hours between shifts, and I work in a physically demanding job so am exhausted on these days.

Only commenting on this part. This is illegal under the working time directive and if you have documentary proof any settlement negotiations will be much easier. You need a minimum of 11 hours off.

wmpdd3

i'm sorry i'm not much help, but i can say, read the labour court outcomes of similar situations, it seems to be the best place to see what works and what doesnt. Also if you are in a union get some advice from then asap.

pneary

There are a number of potential legal remedies open to you. You may be able to bring a case before the EAT, Equality tribunal or even the Courts.

Before you leave your job due to the treatment that you are suffering it is vital that you make a formal compliant via the grievance procedure that should be your contract of employment. You need to notify your HR department in this regard.

in order for a case to succeed, you must put the employer on notice of your complaints. The employer must then be allowed an opportunity to address the complaints. If the employer is not on notice of the complaints before you leave the employment, it may significantly hamper your chances of successfully bringing a case against them.

in regard to witness's, it is possible to have witness summmons and subpoenas issued from both the Employment resolution forums and the Courts systems to compel staff to give evidence.

From what you are setting out you need to get full legal advice on this matter, particularly if the work situation is affecting yoru mental health.

<SNIP>

who what when

Hang on a second. You basically sued your employer and you expect them to forget all about it and carry on as before? Im afraid life doesnt work that way!

Of course other staff are going to be treated better than you. They want you out and wont stop until youre gone. Sorry to be blunt but theyre the facts!

massey168

who what when wrote: »

Hang on a second. You basically sued your employer and you expect them to forget all about it and carry on as before? Im afraid life doesnt work that way!

Since when was it legal or proper for mangers to seek revenge on someone, especially when the case was decided far and square in a court ? If the person quits of their own accord, I assume they won't get any social welfare benefits. The OP should seek another job, and if she gets one (easier said than done in this climate) then she can quit. She's between a rock and a hard place, so instead of having a high and mighty go at her, what would you do in this situation ?

OP make sure you write down the date and time of every single event, keep a spreadsheet of it. You might very well need it, and if you don't have it you're screwed. I would take them to the cleaners after you leave. Good luck, our thoughts are with you.

LegacyUser

who what when wrote: »

Hang on a second. You basically sued your employer and you expect them to forget all about it and carry on as before? Im afraid life doesnt work that way!

Of course other staff are going to be treated better than you. They want you out and wont stop until youre gone. Sorry to be blunt but theyre the facts!

Well, thank you for that completely unnecessary, off topic, unhelpful and somewhat rude post.

I sued my employer for something that they were liable for, after they refused to pay my medical bills (which was all I wanted, no sick pay, nothing). I had no other options, because as I was off sick and not earning a wage, I was unable to take out a loan.

Aside from that, whether I sued them or not is irrelevant. I won/settled, so therefore I was seen to be in the right technically. I was entitled to keep my job, and could hardly just walk out because I couldn't go on the dole if I were to do that. I was entitled to keep my job, and they are NOT entitled to treat me in the way I've described simply because I've sued.

I'm entitled to the same treatment as every single other colleague, and that is where my issue lies, as I am patently not being treated the same as my other colleagues. If you have an issue with that, stay out of my thread because I have not done anything wrong. And if I was logged in, I'd report your post.




To everyone else, thank you so much for your advice. I found it really helpful so far. I didn't realise I need to make a formal complaint to my HR department and give them time to fix it. That is an extremely scary prospect for me, but I'll do it. Do I do this through email, fax, letter or arrange a meeting?

Mrs OBumble

I'd suggest writing up your concerns (so you have a clear list to take), and then arrange a meeting.

You need them to understand that you want to be a good employee, and that you don't want to have to sue them again. (Don't even mention that you're thinking about it).

That said, it sounds like this is a company that doesn't have a great deal of respect for the law, so you might be best of job-hunting too.

Mrs OBumble

who what when wrote: »

Hang on a second. You basically sued your employer and you expect them to forget all about it and carry on as before? Im afraid life doesnt work that way!

Of course other staff are going to be treated better than you. They want you out and wont stop until youre gone. Sorry to be blunt but theyre the facts!

It's very, very foolish employer who behaves that way.

All they're doing is giving the employee ammunition to sue them again

Once someone has had a case, wise employers make sure that their treatment is 100% above board.

vikingdub

who what when wrote: »

Hang on a second. You basically sued your employer and you expect them to forget all about it and carry on as before? Im afraid life doesnt work that way!

Of course other staff are going to be treated better than you. They want you out and wont stop until youre gone. Sorry to be blunt but theyre the facts!

An employer does not have the right to victimise an employee who has taken a case against him/her. This poster suffered an accident at work and has every right to seek redress, an employer has an obligation to provide a safe place of work for employees (Health Safety & Welfare at Work).

vikingdub

beenherebefore wrote: »

Well, thank you for that completely unnecessary, off topic, unhelpful and somewhat rude post.

I sued my employer for something that they were liable for, after they refused to pay my medical bills (which was all I wanted, no sick pay, nothing). I had no other options, because as I was off sick and not earning a wage, I was unable to take out a loan.

Aside from that, whether I sued them or not is irrelevant. I won/settled, so therefore I was seen to be in the right technically. I was entitled to keep my job, and could hardly just walk out because I couldn't go on the dole if I were to do that. I was entitled to keep my job, and they are NOT entitled to treat me in the way I've described simply because I've sued.

I'm entitled to the same treatment as every single other colleague, and that is where my issue lies, as I am patently not being treated the same as my other colleagues. If you have an issue with that, stay out of my thread because I have not done anything wrong. And if I was logged in, I'd report your post.




To everyone else, thank you so much for your advice. I found it really helpful so far. I didn't realise I need to make a formal complaint to my HR department and give them time to fix it. That is an extremely scary prospect for me, but I'll do it. Do I do this through email, fax, letter or arrange a meeting?

In order for a constructive dismissal claim to succeed the claimant must prove that he/she has exhausted all of the avenues available. Constructive dismissal is essentially a claim of breach of contract, unlike an unfair dismissal claim where the employer must prove that the dismissal was fair, an employee claiming constructive dismissal must prove that there was a dismissal.

Have you been provided with an employee handbook or a bullying & harassment policy and/or grievance policy? If not, ask the HR department to provide you with this documentation, which should outline the procedure for making a complaint. In the absence of this documentation, put your complaint in writing, state that this is a formal complaint. If the employer fails to take action or further victimises you, then you will have grounds for taking a constructive dismissal case, as the failure of the employer to act in response to your complaint will go to prove that you have lost all confidence and trust in your employer.

sambuka41

beenherebefore wrote: »

Since the accident, I have been subjected to what I would assume is bullying and victimization, to the point where I am afraid to go to work each day. I have been and continue to be sexually harassed by male members of staff, although this is happening to other women, too. It has gotten to a point where a member of staff has given me a vile, sexual nickname, and has demanded I have phone sex with him. I have been assaulted by a manager, only last week.

Have you reported the assault to the Gardai?

As regards the sexual harassment do you have any proof? You should be going straight to the HR about all of this, but as well you should go to the Gardai if you are being threatened or assaulted. I imagine that a report from the Gardai would go a long way to helping with a claim of constructive dismissal, depending on what the assault was you could have walked then and claimed constructive dismissal; talk about a breach of health and safety.

LegacyUser

Hi guys, thanks for the responses.

I'll try to keep this as brief as I can. I did not report the assault to the Gardaí as I felt they wouldn't take it seriously firstly (he smacked me on the back of the head twice and elbowed me in the ribs once, all separate occasions on the same day) because it's not like he bruised me or anything. Aside from that, I really cannot afford to lose this job.

As for the sexual harassment, I have no written proof. I have however got logs of things said to me, a lot of what was said was said in front of many other staff, and I have told more than one manager about what has been said to me (such as a guy telling me he was touching himself over me just yesterday). They all see it as harmless banter though. I also have to repeatedly tell the guy to stop calling me 'baby.'

See, it's not that I want money from the place. It really isn't about that. I just do not see any way in which this situation can be fixed. Many, MANY people have quit purely as a result of how we as staff are treated. Laws are broken left, right and center, and the management just do not care. My problem is, the log I have details complaints against three people in the management - my main manager, area manager and HR manager. I would have to take the complaint to my HR manager... I have no idea who else to take it too, and this scares me. I could leave the complaint about him out of it, but I don't know what to do. I'm just so depressed over it all. I'm a really good worker, none of them deny that. I excel at my job and I get along brilliantly with the other managers and staff, but I've been treated like this since the day I had my accident. I don't know who to take the complaint to or what to do. All I want is to be treated like any other member of staff. I don't want to have to go to court, that's the last thing I want. I want to just get on with my job and be happy in my job, not worry each and every day that I'm going to be treated badly, have my hours cut again and again and be insulted. I'm even starting counselling next week partly as a result of this. When I went to the office to request a specific shift for that day, my area manager told me I can't make requests for days off the coming week because it's one of our busiest weeks of the year. I told her I wasn't looking for time off but I have a hospital appointment and need to ask for my usual evening shift on that day (because occasionally they switch it to put me on an early shift) and she just laughed in my face.

I just don't know what to do, where to go, who to talk to or how to go about any of this.

jethrothe2nd

Document everything. Dates, times, names, places.

Put it in chronological order going back as far as possible. Make sure that you are only stating fact. This builds a stronger case and will demonstrate clearly if there is a trend of systemic victimization or bullying. If you want a template for this let me know.

Teyla Emmagan

Really sorry to read about your predicament OP, how have things been since?

If I was in your shoes I would make that appointment with the HR manager right away. Don't leave the details out about their treatment of you. Stress that you don't want to make trouble, but are only interested in being treated fairly. Unless they are a complete fool, and want to put the company at risk of another law suit, they won't aggravate the situation. Spin the conversation along the lines that you want to make an official complaint as per company guidelines and want to know what those guidelines are. At least then you will give them a bit of a heads up. And then go ahead and make your official complaint so that it is there in writing. Don't let them talk you out of it or promise things will change and there is no need to submit it.

If I were you I would do that immediately and stress that you are currently subject to physical and verbal abuse. Bring someone along for moral support if you can. It might even be helpful to write out a statement in advance and just read it to them. Of course you could just send in a letter, but I think you might be better off approaching them in person.

And remember that if you were strong enough to take them on once, you can do it again. It's only a temporary situation, you just need to make sure you come out of it with your head intact.

And if the other manager touches you between then and now I would tell him you will call the guards if he does it again. Even if you have to say it in a jokey way, let him know you don't want him to lay a finger on you again. Honestly, the cheek of him, he sounds like a brute.

And best of luck.

Wanderer2010

^ Brilliant advice there Teyla, and pretty much exactly what i was going to suggest.

OP, I do feel sorry for you in this situation and I know you just want a more comfortale working life but you will have to get real to your situation and accept that they have obviously taken umbrage to your previous complaint by starting a campaign to get you out. But you do have options. As Teyla said, have a whole documented list of events, people involved and dates with regard the bullying and assualts. I know you say they dont care and making compaints doesnt make a difference and you are probably right on that, BUT if you go down the official company complaint road (no matter how strong the 'unofficial' culture is), you will have all the power as you have tried to rectify the situation through the official channels and hopefully the situation may improve but if it doesnt, then you are much more likely to win a constructive dismissal case if you show you tried your best to complain and got nowhere.

I wish you all the best and hope your situation is resolved soon.