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What are my legal rights?(4 Posts)
Sorry this may be long please bear with me...
I was tupe’d over to a new company and there was a big change in my place of work, I was no longer needed as the manager but just an assistant (as another role I wasn’t experienced for was to do my old jobs with their own)
I’m not enjoying the change over at all, the new staff that joined us to ‘manage’ has been essentially bullying us from day 1. Nothing we do is good enough and im constantly put down and belittled (only me so feels very personal). If I raise it with the top manager they stick up for the person doing it saying they are just doing their job and if I can’t handle it I should leave. It’s got to the point now where I’m so stressed I can’t eat and I had to walk out and cry my eyes out after being shouted at about how useless I am.
This person has turned it round on me and claims I am the person saying and doing these things not them, despite witnesses of my colleagues and I feel like she will get the protection and I’ll be seen as the bad guy and potentially sacked.
I can’t cope with it anymore and I am desperately looking for a new job, but right now I need to know what I can do to protect myself legally.
Does the tupe protect me from constructive dismissal if I leave from this bullying and being pushed out of my job? What action can I take if I did leave or refused to come to work? I’m completely lost with what to do right now but my mental health is suffering and I can’t carry on working here like this. There isn’t a HR to contact but I have emailed my union, though I may not get a reply for a bit longer, and citizens advice just referred me to the gov website.
I appreciate any advice.
The TUPE isn’t relevant to the bullying or your rights in terms of unfair constructive dismissal. Whether you could claim constructive dismissal depends on your total length of service with both employers. If you have been employed at least two years, you have enough service to bring a claim.
However constructive dismissal is notoriously difficult to win and stressful to bring. You’d need to be able to show that you had exhausted internal procedures to resolve the issues. Have you raised a formal grievance?
It’s got to the point now where I’m so stressed I can’t eat and I had to walk out and cry my eyes out after being shouted at about how useless I am.
You need some time out, pronto. Go and see your GP and then use that time to think about your next steps carefully. It sounds to me like its a bullying organisation and was always going to make your life hell.
Thank you I appreciate your replies. Completely agree I need time away but I can’t afford to be off sick and I know it never looks good on paper for future jobs which worries me. I have made a complaint to my manager who will be discussing it with me and it has been forwarded to higher management too, I’m not sure as of yet how it will be handled but I have been told I have to continue working there if I want it resolved which seems unfair as once she knows I reported it she will definitely make my life hell.
I know it will be hard to prove as bullying too as she is very nice and over friendly in front of management and she is very good at twisting the truth. It’s draining and exhausting and I’m truly worried for what the day brings tomorrow. Dosed up on kalms and pray I sleep tonight.