Constructive Dismissal

[Moonlit]

Please help!!

I was forced to resign from my company a month ago. My boss gave me the option to choose my child or my job, when I asked for parental leave. I did not go into work for the one months notice I gave, because I had booked holidays a while ago and because on the advice on my GP.

I have been descriminated against at this company since I was pregnant.

1. I was not promoted
2. When I asked them to give me another appraisal they did not promote again
3. They did not carry out a health and safety when I was pregnant.
4. When I returned to work, I was told I could only have my salary increased 2% because I had been on maternity leave.
5. Then when I asked to be transferred to another department, at the internal interview I was asked if I was planning to have another child.

And the list goes on.

I am currently putting together a grievance letter. To I have a case against my company? As I will have to used the modified grievance procedure are there time limits for this?

Any advice on this would me most welcome.

Me = My

Hi Flowery,

I have accepted £6k, I didn't really have much choice. My solicitor does seem to want to fight the case. She told me I have a good case. But I should just take the offer and move on. After her fees are deducted I get £4.5k, I agree that is a lot of money. But when you compare to the £30k I have lost out on over the last 4 years. IT doesn't seem quite right does it? There hasn't been an apology. But I always knew I was never going to get one.

I hope this never happens again. But I know it will. If you met me you would understand. Anyway, I guess I haven't been scarred for life and there are always people worse of than you, so I am very grateful. My daughter is going to be spoilt rotten {smile]

x

Dear Flowery,

This will be my last email (unless something goes drastically wrong). I just wanted to say thank you. I really can't find the words to express how grateful I am.

Just by being able to write out my frustrations, on this forum and you responding has been more helpful than you realize. I wish you all the happiness in the world, because you deserve it.

You are the best Flowery!!!!!!

Take care

Moonlit xxx

Moonlit that's such a lovely post, thank you.

I am glad you have settled it, apart from anything else because it means you can move on positively and start looking forward. I know it isn't much money really when you think about it, but it gives you some breathing space and some closure which is far more important I think. There is tremendous value in being able to walk away from a toxic situation like this with your head held high.

I wish you all the very best for the future, onwards and upwards eh?

Thanks Flowery!

Flowery,

Can you previous employers refuse to give you a reference?

Moonlit there's no specific law that says an employer must give a reference, but there is some case law around this. Your employer has a duty of care towards you and this includes potentially detrimental treatment after employment has ended. Reasons why employers usually don't refuse to give a reference include custom and practice, (if they normally do for everyone else may be risky not to do so for one individual, may be an implied contractual term), also could be a risky thing to do if a refusal will have adverse consequences on the individual, which it very often would.

As you are settling your case, there will be a compromise agreement setting out the terms of the settlement. I would expect a reference to be part of that, so if you are concerned about it, speak to your solicitor and ensure that a good reference is agreed as part of the settlement.

Flowery the problem is they are refusing to give a standard reference and they are saying I have sign a document to say I will not speak to the media etc. However, when I asked this in return they said no. So basically they want me to take the money and never get a job again. I thought once I took there measley offer, they would just hand over the money and I could move on. But this doesn't seem to be the case. THey are trying to ruin my chances of future employment. I am getting more and more annoyed with my solicitor and she doesn't seem to have a back bone. Also my ex employers have hired the best solicitors in London. They mean business.

I thought this would just go away. But I don't think it will

Oh Moonlit I don't know what to suggest. Things like not speaking to the media etc are all fairly normal as part of the settlement in a case like this, but certainly agreeing a basic reference is as well.

Is your solicitor seriously suggesting you should sign without agreeing the reference? That's pretty rubbish. The only thing I can say is that if she hasn't got a backbone you might have to just be the backbone yourself. Refuse to sign the agreement unless at least a basic standard reference is agreed - there is no benefit to your employer in refusing it other than just plain vindictiveness, but there is plenty for them to lose if you don't sign, so you might have to play hardball a bit. Try and be strong. And your employers having a good solicitor is not necessarily a bad thing. A good solicitor will be advising them to agree a basic standard reference as not doing so makes them vulnerable.

Flowery,

If someone gives a months notice but they work part-time what would be the last day

For example.

1 months notice given on 10th July 2007 (but works MON,TUES, WED).

Is the last day of the contract the 10th of August or the 8th of august (the last day you are in the office?

Thank you!

Moolit, I am not Flowery but I can answer your question.

Being part time does not affect a notice period. If you give one month's notice on 10 July then your last day is actually 9 August (10 August is one month and one day, although people do commonly do the dates that way). It isn't the last day you would work.

Hi Moonlit, did you get the reference issue sorted out?

Ribena most certainly doesn't need me agreeing with her, but just to say I do! I'd say the last day of your employment would be the 9th, regardless of whether you were in work that day or not.

Hi RibenaBerry and Flowery, thank you for responses.

They have agreed to give me a basic reference, just confirming that I worked there. They are arguing over other silly things, which is really beginning to annoy me. The main thing being my last day of employment, because if I agree to their date then I would have left before 6 months and they could possibly try to claim the company maternity benefit back( they haven't mentioned this but I am trying to protect myself). If I stick to my date as per your response then I am safe.

If that's your concern then you could ask your solicitor to insert something in the agreement specifically stating that your employer will make no attempt to claw back any maternity pay. Should be relatively simple to put something in to that effect I would have thought, and takes away that concern.

Flowery,

I sacked my solicitor, and took control myself this week. Not that I am a control freak or anything . Anyway, they have agreed to the date I wanted and all the people involved have signed a reciprocal document. So I am extremely happy. ACAS have been amazing. I am getting there slowly but surely.

x

Hiya

Rofl at you sacking your solicitor! Good for you if you weren't happy and well done for taking it on yourself. I'm so glad it's coming together for you!

Thanks Flowery