Do I have a case?

[IncognitoIsMyFavouriteWord]

I hope this doesn't out me.

Almost two weeks ago I went on bereavement leave. It was sudden, I was at work when I was informed of my close family members death.

For the first four days my boss rang or texted me to ask me numerous things. Including what his Apple ID is (I'm a p.a. and I have told him numerous times what it is).

6 days in to my leave I actually nipped in to work to do the payroll I told him it was a flying visit and he asked why I wasn't staying later?!

Now by chance later that day my child became seriously ill and I had to call an ambulance I texted my boss so that he knew what my situation was. He texted back asking if my child had aids.

That was pretty much the nail in the coffin, however on Saturday I saw on the company website that my job roll was advertised. I telephoned him to ask what was going on and he said it was just cover for while I was off. The thing is I've had this week booked off since April coincidently and when I asked him if he wanted me to arrange cover he said no.

So I'm so disheartened about going back but I obviously can't afford to just quit my job. So do I have a case for constructive dismissal?

[BonaDea]

You might but given what you've said I think your boss has been an insensitive prat rather than having breached your contract. The only thing I think could be more solid is the apparent advertising of your role but it would be quite difficult to prove.

But if you say that you can't afford to just quit then think twice. If you claim constructive dismissal you have to walk away now with nothing, make your claim and go to tribunal or try to settle in the meantime. Tribunals are so busy that it could take months for you to get anywhere.

If I were you I'd simply look for a new job and then quit when you have one.

[IncognitoIsMyFavouriteWord]

Right ok great looks like I'm going nowhere then as we all know what the job market is like

[flowery]

Based on what you've said, and assuming there's not a lot more to it, no you don't have a case for constructive dismissal. Your boss sounds pretty awful but he's allowed to change his mind about requiring cover without that meaning he is planning to replace you.

Assum

[flowery]

Sorry, posted too soon

Assuming you have the requisite 2 years service to bring a claim, you'd need more plus evidence that you'd made reasonable attempts to resolve it internally with a formal grievance before you'd be in a position to resign and claim constructive dismissal.

Looking for another job definitely your best bet rather than thinking about a long stressful and probably unsuccessful legal claim

[IncognitoIsMyFavouriteWord]

Right ok thank you for your information

[Optimist1]

Just to pour a little oil on troubled waters, it sounds to me as though your boss was panicked by your sudden absence. Your bereavement (it sounds as though you have very generous bereavement leave) followed immediately by your child's illness probably had him in a real tailspin. Whilst these situations were undoubtedly distressing to you, he was missing you badly and behaving somewhat insensitively. Advertising your position could have been him trying to minimise his personal disruption in light of your impending holiday.

It all rather depends on how you communicated your intentions to him as to whether his actions were a bit pathetic or downright brutal.

[LaurieFairyCake]

How long is bereavement leave? Is it properly set down in policy.


I've never heard of anyone having more than a day or two off unless their partner died.

[IncognitoIsMyFavouriteWord]

I didn't get any bereavement leave.I had to take it all has holiday. I simply meant that I was at home grieving (well trying to) and then stressing about my son. He has since tried saying I had no holiday entitlement left and that I wasn't going to get paid for the last week. I have worked it out and I am still 3 days under.

I have no sympathy for him now as his behaviour towards me has been appalling.

[IncognitoIsMyFavouriteWord]

Just to fill you all in on how things developed.

I have been signed off sick, he paid me late last week then paid me short this week.

Tonight he turned up at the house demanding my works phone back. He put his in the doorway and refused to move it.

He stunk of alcohol I had to call the police.

I'm seeing a solicitor.

[MiniTheMinx]

What happened when the police arrived?

[IncognitoIsMyFavouriteWord]

He had gone.

They went to look for him because we think he was driving and he stunk of alcohol.

They advised me to seek legal advice re: employment advice.