Constructive dismissal

[Managerissues123]

I finally put a grievance in about my manager for bullying and harassment and I am looking to move it to a constructive dismissal case.

I don’t know what I am asking on this but I just want someone to hear me.

Over the course of this year I have had to put up with my manager over managing me, she would say things are urgent and chase me on public channels that my direct peers are on for work that wasn’t agreed to be completed at that time - but she said it was required.

When I challenged/ questioned the urgency she would say “ I am your main stakeholder so if I need something you deliver it”.

This would include meeting notes and actions from meetings, including if I was back to back with meetings, and ones when I was presenting and taking notes - she would then ask for my notes repeatedly in public channels and when I posted them she would correct them to a point of indifference. Any one knows it’s hard to make notes and present! And if your just sat there not presenting you make the bloody notes to support the presenter!!

This is the same for any paper work I produce, she critiques it to the point she contradicts herself, and then deletes the comments off documents like it hasn’t happened.

I was also “written up for leaving work early” - it was 15 minutes and I was grabbing a coffee with a friend/networking opportunity on my way home, I logged on an hour and a bit later and did two additional hours of work - we have an agile working policy and shouldn’t be clocked watched, but she wrote the fact I left 15 minutes early and emailed me it.

I regularly work 15 hour days and she also books out her diary for coffee time with people, we work jobs where networking is valued but not mandated. So there is absolutely no reason to clock watch me and decide if I have left 15 minutes early, as well as long days I internationally travel for work, so the clock is never right.

I think the whole thing stems from a failed project she was part of and I was semi part of, it cost the company money, and she has tried to use me as the scapegoat for the failing.

She was accountable for the project and I showed the board evidence to the contrary that she knew earlier than she said the project was failing, and that’s when our relationship went sour.

I can’t afford to stop my job, so looking at options of “working under protest” - my ideal situation would be they pop me on gardening leave whilst they investigate my claims. I can’t obviously post every allegation I have on here but it has included asking me if I want to quit, trying to humiliate me on group channels, attributing my successes to people who wasn’t leading those projects and making everything berthing just harder for me to do or say.

I even used AI to analyse some conversations we have had. And some of the group settings chats, and it came back that I was being misunderstood and micromanaged, and treated differently to everyone else. In fact it said my manager was understanding of everyone else if they made a mistake, but created a high anxiety environment for myself

you need to instruct an employment solicitor and seek an exit settlement as your position sounds untenable

I would quietly make a log of her behaviours, with supporting evidence ( see below) to avoid a " you said, she said" scenario.
Once you have indisputable evidence you can put in a formal grievance if you want, but It might be difficult to claim constructive dismissal because you don't actually say that you have been told your job is at risk.
If this is just between you and her, and she isn't in a position to sack you, this is more like workplace bullying by your line manager.
It's still not acceptable, but before going down this reporting route, think about what you want as an outcome and whether her being reprimanded, ( which is all that is likely to happen) would actually be to your advantage.
You could choose to just sit on your evidence and look for a job elsewhere or you could tell this manager to " back off" telling her you have already collected evidence of her behaviours.
Regarding evidence collection, it needs to be more than you just saying what had happened. You mentioned a couple of times that this manager uses non work based " public channels" to chase you for work. Not sure exactly what you mean but it sounds like something you should take screen shots of for evidence, before insisting that this person contacts you for work matters through the appropriate work platform in the future. Similarly with the paperwork critiques, screenshot the next lot before she deletes the negative comments. Both sound like examples of bullying that she is trying to cover.
Extra evidence from others who witnessed her behaviour is also valuable

How long have you been there?

Constructive dismissal is incredibly hard to prove, and you can’t claim constructive dismissal if you are going to continue working there.

Constructive dismissal is when the circumstances/conditions of your employment mean that is is simply impossible to continue working.

Continuing with the grievance process is your best bet. Are you in a union?

Good luck with the grievance, OP. I had dates of when my manager had said certain things, but I felt that mine wasn't taken seriously, and he just lied his way out of it, so it became a case of, "He said, she said", because there weren't any witnesses, CCTV, and he hadn't written anything into my reports. He is still here.

If you can get witnesses, CCTV, screenshots, then do. You need all the evidence that you can get.

Well, stating the obvious, but if you aren't planning to leave (and you say you can't afford to?), then there is no case for constructive dismissal.

You say you have submitted a grievance already, so the first thing is to see that through to its conclusion. What remedy are you seeking through the grievance process? A change of line management or something else?

Constructive dismissal cases are very hard to win (and you haven’t resigned yet either by the sound of it?) So they would argue you haven’t been ‘forced’ to resign, as you are still there. I’d let the Grievance take its course and see what comes out of that, if you can bear it. See an employment lawyer re seeking a settlement to go. Does your company generally pay a settlement to get people to go, or do they take it to tribunal? See your union rep if you have one. Meanwhile look for another job, if you aren’t already.

Can’t you just look for another job?

Take one step at a time. First grievance. Make sure you stick to what you can evidence, don't write pages of he said she said and only make one point about how it affecting you. Then stipulate what you want from the grievance.

They might offer mediation. In the end, it might just indeed come down to he says she says, in which case, they'll stick with whom they think benefits them most.

Constructive dismissal means you had no choice but to leave. It's very hard to win, even more so when the reason is bullying and the financial compensation rarely high.

I have been through the grievance process, concerning the behaviour of my manager and the management chain above them. Make sure you can evidence the claims in your grievance. Mine was partially upheld the first time and fully upheld when I appealed. Check what behaviours by your manager are breaching your terms of contract , you do have to resign for constructive dismissal , also with your grievance be clear about what outcomes and changes you want. There is usually something in a contract about being able to expect mutual trust/honesty and respect.