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Proving constructive dismissal

5 replies

Ginqueen20 · 28/09/2019 10:41

I am being bullied by my line manager at work, she talks to me appallingly but no one else, constantly puts me down, blames me for her mistakes and makes me feel unwelcome. I brought this up with our manager who was furious with me, telling me my manager is lovely and would never do this, I’m the rude one and my manager isn’t leaving so it’s up to me if I do.
No one else has these issues with them, although 2 colleague’s have witnessed it and can verify I’m not lying.
I feel like they are both trying to push me out as they don’t like me, I’ve been told I’m not good at the job despite working here for years before them, and often end up crying throughout my working day.
I’ve applied for a lot of jobs so I am hoping I can leave as soon as possible, but until then I’m in a difficult situation where I feel on edge and my anxiety is through the roof. I don’t feel happy with letting them get away with this by just leaving quietly either, as it’s likely they will do it to one of my colleagues next and almost makes me seem guilty in all of this.
I have no hard evidence any of this is happening as unfortunately I didn’t record the conversation with our manager, my only proof would be my word and my colleagues. My managers would turn it round on me if I made a formal complaint as I’m now labelled as the trouble maker, although a manager from another part of the company is aware and isn’t happy with them, it would still be difficult to prove what I’ve said.

I’m desperate to resign because the stress isn’t good for me or my family but I know I will have a hard time proving I had no choice to leave because of being pushed out and treated badly.
I also work here because of a tupe if it has any effect. I feel the tupe contributes to them hating me because I wasn’t hand picked by them.
I’ve spoken to citizens advice and my union is unwilling to help as I joined them recently and they won’t help with any issues that began before joining. I feel completely lost with no support or way out. If anyone has been through this or knows the legal system I’d appreciate hearing from you.

OP posts:
flowery · 28/09/2019 11:34

You heard from me already. www.mumsnet.com/Talk/employment_issues/a3702289-What-are-my-legal-rights?msg_id=90375905#90375905

My advice was to raise a formal grievance, have you done that yet? If you resign without doing that you won’t succeed at a constructive dismissal claim.

I also already advised you that the TUPE is irrelevant.

rollNsausage · 28/09/2019 12:29

agree with raising a grievance. I would also look at whether you can take sick leave and use this time to job search.

Ginqueen20 · 28/09/2019 13:32

Thanks ladies I did report it as an official complaint with my manager who came back to me with above, it has gone higher with a different manager so I’m hoping it will be dealt with. Sick leave would be ideal but I’m concerned it will make me look bad to future employers as I know it can be offputting to employ someone in that situation.

OP posts:
daisychain01 · 29/09/2019 05:56

You're in an unresolvable situation with your employer and the reality is once the relationship sours and management collude and lock down against an employee it's only a matter of time before it becomes unbearable. You need to take time off sick before you are broken by them.

Use the time to rebuild your confidence and look after your own mental and physical wellbeing.

Put your CV out to as many job opportunities as possible. People leave organisations for many reasons. 1 single block of absence is more acceptable to an employer than lots of absences scattered through the year.

Don't resign until you have a firm job offer in writing but aim to be out of there asap and you'll wish you'd done it quicker! Health and happiness is the priority here not a job where you have your confidence and dignity stripped away.

Ginqueen20 · 29/09/2019 10:11

Thank you daisy chain your reply means a lot and you are right, i need to get out of there ASAP, I can do this 🤞

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