Constructive Dismissal

[serotoninbutterfly]

Just wanted to know if anyone has Goy a result for constructive dismissal and how they went about it? I have posted before about work issues and I genuinely feel I am being pushed out, but cannot afford to resign as I have a 2 year old DC and cannot afford to lose money (work shifts on reasonable money so minimal childcare costs) and although I assume I would have no issues finding alternative employment I am risking out income dropping to an unmanageable extent.

Essentially I believe there is a witch hunt occurring and I am being picked apart by my second line manager. He is taking me to a formal meeting about my attendance (had 12 weeks off with documented work related stress) and performance.

Been on various action plans for around a year and genuinely believed that I had improved over the last three months - no negative feedback from anything, positive emails about my performance from colleagues received by myself etc so completely devastated to hear that they are taking the first step to formal disciplinary procedures.

My GP is next to useless as I went to him to let him know that I couldn't go on and he said my reaction was 'normal' and prescribed me some beta blockers to get me through the disciplinary. I feel so lost because I have been
Giving my everything to the job, and I feel like its all worthless now and what's the point!

They have made me so anxious and depressed and my home life is suffering - DS is 2 and he is winding me up just by breathing, my DP doesn't get it and I can't bring myself to show any emotion/affection because I just feel so hollow. I always thought I was good at my job, did it for the love of helping people and now I feel like I am worthless and I just genuinely cannot see the point in it at all. If it wasn't for the financial pitfalls I would just resign because it's making me ill and they genuinely dont care!

Naming issues that I have such as putting a swear word on fb as disrespecting my colleagues (wasn't aimed at them and don't have details of my job on there) and instead of discussing any issues in a timely manner waiting for three months to bring them up (for example, a piece of my work ended up in a colleagues tray - three months later I am asked why I didn't hand it over properly when that was never the intention) and its literally destroying my life.

What do I need to do? My disciplinary is this Thursday.

I feel for you, I had similar experience while on mat leave, 2 weeks before due to return as a manager I was told I was being demoted and my hours extended, and I said this was unacceptable, then I recieved a suspension letter pending my work conduct (had been off for 9 mth).
I was asked to attend a meeting where I was told I was being sacked for gross misconduct for theft! I said is this a joke as I havent been here for nearly a year but they pushed ahead with some bogus letters. I argued and got in touch with ACAS & CAB who were a big help. I appealed and got a no win no fee solicitor involved and settled out of court.
Your first stop should be ACAS, they were brilliant.

If they're concerned about under performance issues, do you know why it has become a disciplinary rather than a performance matter?

when you say you have been on various action plans, I'm guessing that they set you a number of targets which they are now saying that you have failed to hit and it is progressing to disciplinary on the grounds of failure to perform in your job role? (this would be the process in the company I work for)

you need to gather together all the evidence you have connected to your action plans proving the extent that you have achieved them, any targets you haven't achieved why was that, were obstacles put in your way etc

if you genuinely feel you are being victimised then you need to launch a grievance against the instigator, put this in writing and it then has to be properly investigated

I have direct experience of winning CD but to go further please do PM me. First look at your contract : it should say you can have Union/colleague etc with you. Make sure you know their procedures if you do not have a union rep What is not in any contract is that they need to make it clear what the issue is and you can ask to have any meeting adjourned for a break ,to consult your rep etc Keep calm and listen t them: do not feed them with anything at this stage: clarify exactly what they are after: say as little as possible though you are required to answer any questions they have for you.
CD is difficult to win basically because you have to prove the employer behaved so badly that it was impossible for you to stay: as most employers can usually find something wrong with their employees it is argued that employers have the upper hand. 2 things are essential with CD;you have to have exhausted all the company internal procedures and then you have to resign as they have breached your contract.Rarely is a dismissal CD .

To prove a case of constructive dismissal you have to show that the employer's behaviour is so nreasonable that it goes to the heart of the employment relationship - failing to pay someone is the classic example. I think of it as the employer equivalent of gross misconduct, but the burden of proof is on the employee to demonstrate he unreasonableness. So, if they are following a procedure, however badly, it is unlikely that you can resign saying it is intolerable. If it results in dismissal, you might be able to win an unfair dismissal claim where the burden of proof is on the employer to show it was fair.

If it's that bad, I would suggest asking for an off the record conversation saying this is making you ill, you believe based on their process s far you will not be able to meet the performance expectations, and ask if there is a compromise. If you are at the first formal disciplinary then it would probably take a minimum of 3 months for them to set improvement plans, track them, escalate and conclude with dismissal. You would then either work your notice or be paid your notice, and still be able to bring an unfair dismissal claim (assuming yo have 12 months service). I would suggest asking for 6 months tax free under a compromise agreement and settle for 3 plus notice.

Thank you all for your comments. I am in a union and my rep is going to be there.

I am going to take emails with me that have given me positive feedback in this period from other colleagues. I am also going to have a pre meet with my union rep so that I can go through exactly what my issues are, she seems supportive and I am hoping that she will understand the problems I am having.

Essentially I think they are escalating things too quickly - essentially putting things on an Action Plan without mentioning the issue in the period leading up to it, so that I do not have a chance to put things right before they are written down as targets to achieve.

I have let them know that this is making me ill but they aren't supportive of this - I get the impression they believe it is 'just an excuse' and that it makes no difference to my performance.

I am going to try and keep calm but I genuinely thought that things had improved - at the point that I was informed it was going to the formal stages I had received no negative feedback despite asking my line manager how he thought I was performing (to which he said I was doing well)

Its a shitty situation because I just want to curl up in a ball and not deal with it - what's the point when I genuinely don't know what it is I am supposed to have done wrong - I can't think of specific examples where I have not achieved my targets I just can't go on

Try looking at it a different way - the formal plan is your friend, as they have to set out their expectations and your targets extremely clearly. You then have a period in which to improve your work so that you can meet those targets. As long as you do this, they shouldn't be able to push you out.

If the targets aren't clearly defined, you need to push for clarification. The criteria used to measure whether you have met them or not need to be as transparent and objective as possible, so that you will know yourself if you're meeting their expectations or not - too subjective, and it's all open to interpretaion.

If the targets aren't realistically achievable in the time frame available, get your union rep to challenge this as well. Though ultimately, it's for the employer to decide what is reasonable, and what you ought to be able to achieve.

Try and approach the process as positively as you can. I know it's horribly stressful, but it will help if you can try to engage with the process and understand where your employer is coming from. I have taken people through capability before, and it's common for people to feel that they're being unfairly targeted, even when there are genuine issues with their performance. Where people have been willing to work with me, and have genuinely tried to take on board the ways in which they need to improve, the resolution has been positive. Where they have been very defensive and unwilling to engage, it hasn't ended well.

Obviously, I can't say what's happening in your situation, but if you've had some positive feedback from your manager and other colleagues, that's a good sign. It may be that you're going in the right direction, but you haven't yet done quite enough.

You can't afford to bury yourself in the sand, I'm afraid. You need to tackle this head on. If, on reflection, you don't think you can meet the targets that they have set out, I agree that suggesting a compromise agreement might be the best way forward.

It doesn't sound to me like you'd win a constructive dismissal case, but depending on the details, you could potentially go down the unfair dismissal route.

Good luck!

No you will not win CD ; possibly unfair , the previous posters have given you good advice