Grounds for constructive dismissal

fupduck

Hi All, I am really in need of some advice.
I am a mobile worker, my company offers procurement and inventory control services to manufacturing plants and my role is providing holiday cover and emergency sickness cover. I am supposed to be based at a particular plant when this cover is not needed. I have been working for this company for 4 and a half years, and in the industry for 17 years.
Basically up until about 7 months ago my job was going fine , and I have always received good feedback from all my sites. Then a new management team started in Ireland and things have just completely unraveled.
The terms of my employment include a company van/ fuel card etc , and now they want me to move to car allowance and provide business cover on my own insurance. I am not in a position to do this, but every 3 months I am going to be called to a 'consultation' with the specific aim of moving on to the allowance (which btw is not equivalent to what the actual cost will be of running the car).
An employee who had manned a site for 13 years left at the end of last year due to stress, it had been documented 2 years ago that the site was drastically undermanned, but nothing was done so after months of wrangling he felt he had no choice but to leave.I was asked if I wanted the job twice, and both times I turned the job down. I ended up being sent in to try and run the site without any prior training, and no access to the systems. After a month i gained access and started trying to keep the plates spinning. A new employee was hired in a panic , and I am sure that no due process happened, reference checks etc. Within two weeks of starting he started making serious allegations against me , all unfounded , and after about 5 or 6 weeks he went out on sick leave. I was questioned by the manager about the allegations in what he said was an informal meeting, but he then presented his notes to HR as my statement.I was not offered a formal process to answer the allegations In the meantime I was still left trying to run the site single-handed despite the fact it should be a two man job , and that the role itself is two pay grades above mine.I highlighted to my line manager and the country manager that between the running the site , learn the job ,trying to catch up on a month long backlog, and training a new employee that I was extremely stressed. About a month later I emailed and explained that the site was failing, and between the site and trying to deal with the allegations against me that my health is suffering. A new guy has been hired on a temporary basis , and two weeks ago I returned to my role of holiday cover. I was happy enough to let things lie and just get on with my role , but next week , I am yet again being dragged away from my role to go back to this site. There is genuine holiday cover needed, but I am being told to go back to this site and sort out management level problems. I am actually going to the doctors today as I am so stressed. When you are awake at 3am stressing about work , and when you are literally in tears opening emails something has to give.
My questions are , does the fact they are trying to take the van, and are only offering a reduced car allowance constitute them pressuring me into changing my terms and conditions? Does the fact that I have not been at my base site for over 18 months , and the fact that I have spent almost 7 months at this problem site constitute a substantial change in my role? Any advice is welcome as I love my job, but I haven't been doing my job. I am feeling like I have no other option but to hand in my resignation. My Apologies for the long post, believe me , this is only an overview of what has been going on !

dr.fuzzenstein

Take sick leave now! And stay on it until they offer you money to go*. Don't be the sucker that quits and hands them what they want, which is obviously you gone.
You have landed in a sh*t show and it will only get worse till the idiots in charge have run the place into the ground and then you'll be out of a job with no backup and no redundancy.
And look for another job, there's enough out there.

*Unless you find something substantially better, grab that opportunity with both hands.

fupduck

Thank you. I have an appointment with the doctor today. I have no idea what the reaction is going to be when I send in the sick note

_Brian

Just to be clear.

You can only claim constructive dismissal after leaving, but before leaving you must make every effort to appeal against any unfair conditions the company may be imposing. Leaving without pushing back will damage any case you feel you may have.

fupduck

well, I could not have asked for a better GP. The doctor completely recognised that I am totally stressed , and gave me some great advice. I am going to be off work for a couple of weeks, and have some space to get proper advice regarding the work situation. I now have some breathing space

drunkmonkey

What does it say about your role in your contract, I'd assume it says it can change.
Have you costed claiming milage on your own car versus a free van, this can work in your favour. Did you tell your manager you'd need a better rate if it's not good enough. As for doing a job 2 pay grades above you, did you bring this up with management formally? Did you have any input in employing who'd be working with you, again did you ask to have some input?
It sounds like things are a little unscripted there at the moment but it also sounds like you've a chance to take control of things and better your lot there by moving grades and a step up to management, it's perfectly normal to ask for more money if your doing a different job that's paid better.
It sounds like you think your out on your own in this role which suited you fine for a good while, now the pressure is on you still feel on your own the doctor can't fix that, it's a conversation you need to have with your employer.

I'm not seeing where you can sue and even if you can what kind of money you think it's possible to win in the end. It doesn't sound like there trying to dismiss you but it does sound like you need to take control of the situation. That involves standing up for yourself in work.
Going off on stress leave isn't going to change anything unless you use that time to find another job.
If your happy to stay working there but need better conditions go back to work tomorrow and say it.
It sounds like they need you, if so let them pay you accordingly.

If you want to go to HR again more organized do, have your notes written down about what actually happened with the new guy. I'd assume they have your back anyway but just can't say it.

In your situation if you do go straight back, keep a day to day journal, it'll help destress putting it down on paper and also keeps a record of what's happening that if you do decide to go a legal route you have back up and a day to day account.
What's happening at the moment is not constructive dismissal.

SteelyDanJalapeno

drunkmonkey wrote: »

What does it say about your role in your contract, I'd assume it says it can change.
Have you costed claiming milage on your own car versus a free van, this can work in your favour. Did you tell your manager you'd need a better rate if it's not good enough. As for doing a job 2 pay grades above you, did you bring this up with management formally? Did you have any input in employing who'd be working with you, again did you ask to have some input?
It sounds like things are a little unscripted there at the moment but it also sounds like you've a chance to take control of things and better your lot there by moving grades and a step up to management, it's perfectly normal to ask for more money if your doing a different job that's paid better.
It sounds like you think your out on your own in this role which suited you fine for a good while, now the pressure is on you still feel on your own the doctor can't fix that, it's a conversation you need to have with your employer.

I'm not seeing where you can sue and even if you can what kind of money you think it's possible to win in the end. It doesn't sound like there trying to dismiss you but it does sound like you need to take control of the situation. That involves standing up for yourself in work.
Going off on stress leave isn't going to change anything unless you use that time to find another job.
If your happy to stay working there but need better conditions go back to work tomorrow and say it.
It sounds like they need you, if so let them pay you accordingly.

If you want to go to HR again more organized do, have your notes written down about what actually happened with the new guy. I'd assume they have your back anyway but just can't say it.

In your situation if you do go straight back, keep a day to day journal, it'll help destress putting it down on paper and also keeps a record of what's happening that if you do decide to go a legal route you have back up and a day to day account.
What's happening at the moment is not constructive dismissal.

Do not go back to work tomorrow, you've been given advice from a medical professional to take some weeks off to relieve stress, take them.

Crazy advice above to be disagreeing with a doctor.

drunkmonkey

SteelyDanJalapeno wrote: »

Do not go back to work tomorrow, you've been given advice from a medical professional to take some weeks off to relieve stress, take them.

Crazy advice above to be disagreeing with a doctor.

Have the holidays left, maybe take a holiday.

What cure has the doctor offered. Don't go to work it'll all be fine, here take some pills come back in a few weeks, try and get more fresh air.
It's a bit of a mess in work, needs to be tideid up with their employer. It's the quickest and only way to distress this situation.
From experience the ones that come staight out and say what's bothering them get their problems resolved, others end up on extended sick leave hiding behind sick certs and don't usually make it back when it's mental health related and if they do make it back it's not the same and they don't usually stay.

So get a new job or tackle what's causing the problem head on with your employer.

Do you think the doctor would disagree with speaking with their employer to find a solution, I very much doubt it.