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Constructive dismissal before a year?(5 Posts)
DH has been in his current job for 6 months. He worked for the company for 6 years previous to this, there is a story behind why he left and ended up at the branch he's at but it's irrelevant. He had no problems at his old job, got on well with all other staff plus staff at all other depots. The break between the 2 depots was too large to be classed as the same job.
He is being treated like utter shit at his current depot. It's quite clear that his face doesn't fit for whatever reason and the manager and other staff don't try to hide it. Anything goes wrong ahd he gets the blame for it regardless of whether its his fault or not. He says the whole place is a shambles compared to any othr depot he's been in and they have no system for anything hence things getting lost, requests being made several times by different people. No matter what happens DH gets it and later gets no apology when the office discover their mistake. It is also quite clearly one rule for DH and one for everybody else. This is just the tip of the iceberg but it's making it very difficult for DH to stay.
He desperately wants to leave but is sticking it out for a few reasons, 1. there is a vacancy due to come up at a branch much more similar to his old one, but it may be a months time it may be 6 months, it's just on the grapevine that he's heard it. He would like to take that but doesn't feel he could stick it out where he's at atm. Plus he doesn't want to be signing on for lots of reasons. If it was easy to walk into another job he'd go today, but of course it's not so he feels totally stuck but they seem to be making things harder for him day by day and he's really at the point where he's having to force himself not to just walk. If he'd have been there for over a year I'd say to him to just get out and put a claim in for constructive dismissal but I don't know if there's anything he can do before that time. Anyone know a bit more about this stuff who could advise? Thanks
So he worked for six years at the company un department A then left and after a break (which broke continuity of service) returned to the company but in department B where he's been for six months.
My understanding is that he would not be able to bring a claim of constructive dismissal.
Yes you've got that right. Dammit
Even agencies don't have work so he can't even get agency work to tide him over until he gets something permanent. I'm applying for jobs left right and centre in the hope of getting something so that he can leave this job, but no joy as yet . Feel really sorry for him as he damn well doesn't deserve to be treated the way he is.
yeah hairylights is right.
I would advise him to keep a record of all incidences on file so he has a record if needed in the future. Get him to backdate it as well to the best of his memory. If he feels he is being treated differently to other employees he needs to either arrange a meeting with his line manager to discuss, and then raise it with HR.
OK thanks, his line manager is one of the main culprits plus his assistant manager is the same.
How would it affect him for references in the future? The depot he left will give him a good reference and it is their details that he gives as a reference when applying for jobs. He left there on good terms and it was only a cock up by another depot that he was supposed to be transferring to that meant he had to leave. Just wondering if they would perhaps refuse to give a reference if he raises a complaint? If they would then there won't be any point in putting them down in the future
if when it does go to HR.
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