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Have I got a claim for constructive dismissal ?

4 replies

Tweetypie27 · 27/06/2022 10:51

Hi
I have worked at my current jobs for five years bullying management the whole time but just put up with it massive company hard to fight them.
Ive got an inner ear condition called Ménière’s I have vertigo attacks ringing ears deafness in one ear 30% deaf.
my work knew about my issues a few years ago as I went home ill a couple of times.
September I went back after mat leave. The assist manager is the worst bully always belittling me was shouting across the office that I didn’t have the covid vaccine this was on my first day back when he asked if I had it which was rude in itself.
I didn’t have it because of my health conditions as I knew it caused flare ups in some people.
But he continued to go on and on about it calling me a conspiracy theorist etc.
The year before at work I had a very bad vertigo attack I was being sick and basically in the canteen unable to move it was horrendous and embarrassing for me.
He drove me home pretending to be all nice about it. Then when I went back in September I wasn’t great health wise I think all the running around caused my illness to come back as I have remissions and bad flare ups despite this I went to work even when dizzy and off balance.
Anyway he bought up my vertigo attack the year before and said ‘what’s that thing you have again that health thing when you had to go home’
I said vertigo he goes ‘oh yeah that’s the one’ looked at my manager and they both peed themselves laughing. He did this infront of everyone it was so embarrassing I said why is that funny he goes it’s not it’s not but clearly was.
it really upset me as dealing with this illness affects my whole life and mental health daily and they found it funny.
Ironically a day after that I had a bad attack at home which had brewing for a few weeks but this one was bad and after i couldn’t leave the house as my balance was shot it took me 8 weeks to recover from it was horrendous eveyone had to help me look after the kids etc and ive never been 100% right since then.
my manager who was new at that branch harassed me ringing me every few days.
he said no one is dizzy this long your full of shit tbh he said this on the phone.
he was calling me a liar etc etc I put in a formal complaint with him prior to to this about the assistant managers comments. He rang me about it and then even denied he was in work that day and just tried to lie their way out of it all.
I got in touch with another line manager and explained my boss was harassing me etc so I didn’t deal with them for a while. We get company sick pay at our place like I said huge company and mine stopped suddenly at six weeks. I rang the horrible manager and he said he unauthorised it because he thought I was a liar and wished I wasn’t being paid anything.
At this time I was having tests and referrals for MS as docs still don’t know why I’m still feeling dizzy months later so having no money stressed me massively esp as I wasn’t even getting SSP as everything had been messed up.
I rang ACAS who told me what they were doing was basically illegal and got through to the top office who did sort it out in the end but took another 6 weeks. So I had no money for nearly 12 weeks.
I put in a formal grievance with both managers it took five weeks for the hearing then another five for the outcome and all thag was upheld was the one regarding my pay nothing about the bullying just that they should of discussed my health condition upstairs and not in the office it said it was bought up but no one laughed and the phone calls of being called a liar basically were dismissed.
I asked for a transfer on reduced hours to a branch closed and a day working from home which the company refused for no good reason other that they want me out.
This was all a month ago ive just been paid my last SSP. I can’t go back and work there now as I need support and they find my health hilarious and I’m a liar how can I go back there now ?
I dealt with it all through proper channels.
o recorded my managers calls where he was calling me a liar etc Cos he continued to harass me. I can’t share them as it’s illegal but i can do transcripts for personal use.
which I did send for my grievance but they wasn’t upheld.
where do I go from here I loved my job apart from the manager but I know if I get ill there now theh won’t support me and I can’t work safely like that.
can anyone help me please

OP posts:
Comefromaway · 27/06/2022 10:57

My husband has Menieres. He had an entire 6 months off work with it and lost his driving licence for three years.

His workplace did an occupational health assessment and they class it as a disability. I say this in case others think you are exaggerating.

I think you need proper advice from an employment lawyer, also have you contacted the Menieres Society for advice?

Jalisco · 27/06/2022 13:13

It is extremely difficult to win a constructive unfair dismissal claim, and nigh on impossible unless you have fully exhausted the employers internal grievance processes (including appeals).

You said that they did not find in your favour about the alleged bullying / harassment and that the managers claimed your version of events were untrue. But you have also said that you have evidence via recordings of the conversations. How could they have denied the events if there is proof of your version? Did you not tell the employer that you had these recordings? Because you are going to find it almost impossible to rely on these (in any form) in a court case unless you have given the employer the evidence you then wish to rely on.

I would second not doing anything with legal advice. TBH if you have evidence, I would expect a lawyer to be trying for a settlement agreement for you to leave. The tribunal route would be lengthy (waiting lists are several months long at least), very stressful, risky, and tribunals really hardly ever award the kind of money that people think they do.

Parsleys · 27/06/2022 20:44

Sorry I don’t have any advice but I have to say they have treated you appallingly. Using a health condition to mock you and also breaching your confidential health info like that. Disgusting. I hope you are okay as can be.

MargotMoon · 27/06/2022 21:05

This is appalling and makes me so angry for you. I'm guessing you aren't in a union? You may be able to access free legal advice another way - do you have any insurance policies which include it? Or packaged bank account?

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