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Could my daughter claim for unfair dismissal?

13 replies

York4545 · 28/01/2022 21:44

Hi- Hope someone can help with this. My daughter has worked for a supermarket part time for the last 4 years. She’s 20. She became friends with 3 other girls she worked with and they have socialised together. 2 months ago, an argument broke out over shifts via WhatsApp. All 3 girls sent abusive texts to my daughter in the group and they fell out spectacularly. My daughter’s boss had asked one of the girls to discuss shifts with my daughter and that’s how the argument started. My daughter has worked various shifts with these girls since the argument and they ignore her, stand together whispering and laughing whilst looking at her which makes my daughter paranoid. They shove past her and undermine her in front of customers. My daughter has sent messages to them asking to sort it out for the sake of work but they refuse. My daughter has literally begged her boss to help her. We have 3 messages where my daughter is pleading with her boss to get everyone together to sort it out as work is becoming unbearable for her. Each time, the boss says she’s not getting involved. All 3 girls bad mouth my daughter to the boss and the boss then tells my daughter what they have said. The boss tells my daughter they are out of order but then does nothing to stop it. The girls then tell my daughter that the boss is ‘on their side’. My daughter confided in her boss that she was feeling paranoid and had had a panic attack before one of her shifts last week. The boss had clearly said something to the girls as the next day, one of the girls put a meme on Facebook of someone having a panic attack and all 3 girls liked the post and put laughing emojis on it.
My daughter wants to just walk out but she’s not put in an official grievance against anyone so I’m thinking if she left and went for constructive dismissal, it would go against her the fact that she hasn’t raised a grievance. What do you think?

OP posts:
MintMatchmaker · 28/01/2022 21:47

She could either speak to her manager’s manager or to HR. The manager sounds incompetent & unprofessional.

York4545 · 28/01/2022 21:48

Sorry, I just realise my title was ‘unfair dismissal’.. I meant ‘constructive dismissal’.

OP posts:
Justmuddlingalong · 28/01/2022 21:50

She needs to go higher than her shit stirring manager.

Rainbowshine · 28/01/2022 21:50

Constructive dismissal is very difficult to have a successful claim for. She would be best raising a grievance about not just the bullying colleagues but also the poor response by her manager.

Georgeskitchen · 28/01/2022 21:52

Is she in the union? She needs to put in an official grievance , in writing, then they have to act

LIZS · 28/01/2022 21:52

Agree, she needs to follow the grievance process re bullying. What resolution does she want? Resigning will not amount to constructive dismissal

Aquamarine1029 · 28/01/2022 21:52

Tell her to get off Facebook for one, at a minimum block those idiots.

York4545 · 28/01/2022 22:16

@Georgeskitchen, thank you, yes she is in a union. I’ve just spoken to her and we’re going to ring them for advice tomorrow.

OP posts:
Alpinechalet · 29/01/2022 00:14

Raise a grievance.

ThePlumVan · 29/01/2022 07:51

Whilst I agree with PP about making it official and going down the grievance route, my advice is that she looks for another job.
It’s not fair and no, it shouldn’t be her that has to go, but going into that situation will be torture for her.
It will never go back to the way it was, and frankly she’s better off putting the whole thing behind her. What a bunch of BSDS.

York4545 · 29/01/2022 09:32

@ThePlumVan… thank you. It might be better to cut her losses and get another job: It is hell for her at the moment and unfair. I believe in karma though so what goes around comes around!

OP posts:
MrsPinkCock · 29/01/2022 14:48

Yes, she could have a potential CD claim. But in this situation I would suggest it would be incredibly difficult to prove without going through the grievance process first.

If she does, and they uphold her grievance, the bullies could be sacked. If they don’t uphold it, it could strengthen her claim as she has written evidence of both the bullying and the company’s failure to act. So her next step is to get a formal grievance in, possibly with her unions help.

BashfulClam · 29/01/2022 21:43

Does she have her staff handbook? What is the bullying and harassment policy? She needs to
Block these girls on social media so she can’t see anything they post and that gives her control.

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