Advice needed RE constructive dismissal
#1
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Advice needed RE constructive dismissal
GF is going through hell at work at the moment. Desperately looking for another job to get away but can’t leave until another job is available.
Long story short she is working for a very small company (bosses seem to think they can do or say what they want to her), been there for four years now. Last few months they have been treating her very badly and accusing her of all sorts (not in writing though), it seems like they want to get rid of her to get a cheaper government subsidized junior in her place.
Things came to head before Christmas when they tried to make an accusation of misconduct against her but again failed to put anything in writing. So she wrote to them detailing her grievances at the way she was being treated and spoken to. Since returning to work after the holidays they have been to an HR company and she has been forced to sign a document detailing terms and conditions of work and is now being accused of losing the business money because she is not working fast enough together with other spurious and unrelated allegations.
They are obviously trying to force her out and she is keeping a diary of what is being done and said to her but she is at her wits end now and is coming home in tears most nights. Is there anything she can do to fight back or defend herself or should she just walk away from them? Would there be any point in pursuing a constructive dismissal claim or is it just not worth the hassle (her word against theirs)?
Long story short she is working for a very small company (bosses seem to think they can do or say what they want to her), been there for four years now. Last few months they have been treating her very badly and accusing her of all sorts (not in writing though), it seems like they want to get rid of her to get a cheaper government subsidized junior in her place.
Things came to head before Christmas when they tried to make an accusation of misconduct against her but again failed to put anything in writing. So she wrote to them detailing her grievances at the way she was being treated and spoken to. Since returning to work after the holidays they have been to an HR company and she has been forced to sign a document detailing terms and conditions of work and is now being accused of losing the business money because she is not working fast enough together with other spurious and unrelated allegations.
They are obviously trying to force her out and she is keeping a diary of what is being done and said to her but she is at her wits end now and is coming home in tears most nights. Is there anything she can do to fight back or defend herself or should she just walk away from them? Would there be any point in pursuing a constructive dismissal claim or is it just not worth the hassle (her word against theirs)?
#5
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Shes doing the right thing by keeping a diary. Note anything that makes her feel undignified or she thinks is unfair. I would ask to see the company's dignity at work policy and see how her treatment compares.
Although the company is obviously not union orientated you may be able to get advice from unite or simmilar. They may be able to reccomend specialised lawyers that will advise on a dignity at work or constructive case.
Citizens advice are good but its not easy getting to see someone, they tend to be snowed under. If she has been accused of poor performance she needs to be shown in writing what her roles and responsibilities are. If she is not meeting targets then there may be a case against her but those targets need to be made clear and be reasonable. They should also be comparable to other people in the company.
Above all else tell her to keep her cool and not to anything hasty. If she feels so bad that she cant attend work visit your GP to get advice.
Probably not much help but this is how we deal with these kind of things in a larger unionised company.
Above all else be as supportive as you can. Theres some ******* 2 bob firms out there that think they are outside the law
Chin up
Although the company is obviously not union orientated you may be able to get advice from unite or simmilar. They may be able to reccomend specialised lawyers that will advise on a dignity at work or constructive case.
Citizens advice are good but its not easy getting to see someone, they tend to be snowed under. If she has been accused of poor performance she needs to be shown in writing what her roles and responsibilities are. If she is not meeting targets then there may be a case against her but those targets need to be made clear and be reasonable. They should also be comparable to other people in the company.
Above all else tell her to keep her cool and not to anything hasty. If she feels so bad that she cant attend work visit your GP to get advice.
Probably not much help but this is how we deal with these kind of things in a larger unionised company.
Above all else be as supportive as you can. Theres some ******* 2 bob firms out there that think they are outside the law
Chin up
#7
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No she's not in a union but thanks edsel will try and get her to talk to unite or someone. The 2 bit company is only just getting its paperwork together now after she has been working there for four years, doubt very much if thay have a dignity policy or even know what that is. Guess they will have to go back to their HR consultants to write one of those now.
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#8
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Ill ask then, She fit?
You could always make a doctor sign her off with stress.. I imagine she could have MONTHS off paid, down side would be the next job but she could lie at the interview and say the manager was trying it on will all girls etc.. That's if it ever came up!
You could always make a doctor sign her off with stress.. I imagine she could have MONTHS off paid, down side would be the next job but she could lie at the interview and say the manager was trying it on will all girls etc.. That's if it ever came up!
Last edited by RobsyUK; 04 January 2013 at 02:43 PM.
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My advice is get another job. Dont do anything silly to jepordise a decent reference, but leave. Any claims can be very stressful indeed, and take months and months. A small company with no dignity at work, or on site HR, just not worth the aggro.
#11
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The only advice i can offer, given the experience of friends, is avoid a tribunal at all costs. It will take out 6 months of your life and any "win" won't be worth the awful experience.
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