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Constructive dismissal? Don’t know whether to take it further

52 replies

HashBrownandBeans · 12/01/2023 19:21

Long boring story, started working here 8 months ago and settled in fine. They forgot to do 3 month probation. I passed the 6 month one. Another woman started the same time as me. She’s terrible at her job and causes no end of problems with other colleagues(is fine with me). We both took over from a woman who’d been here a few years but she needed part time so moved to other side of office.

In December out of nowhere the management started performance meetings with me but not with other terrible colleague. There are arguments and issues with her every day, but never with me. In the performance meetings the issues were very minor and often other people’s fault. I started looking for a job as felt unfairly pressured and this week, got one, so handed my notice in. Part time woman on the other side suddenly announced she needs fulltime again and she’s taking my job back. That day I’ve been moved to the other side in her chair. Instantly I had a lightbulb moment, this was all planned for months to bully me out.

Tonight I have managed to screenshot WhatsApp chats between the two women and the manager proving this has been planned all along. But what do I do with them? Do I just walk away? Take it further? Attach the screenshots to my exit interview to HR?
An added complication is my DH works for the same company in a different area and he loves it. I don’t want to make his life difficult 😞

OP posts:
NewFoxOldTricks · 12/01/2023 19:33

Tonight I have managed to screenshot WhatsApp chats between the two women and the manager proving this has been planned all along.

Tough one, but what do you mean when you say you have proof?

Personally I would string them up!

drpet49 · 12/01/2023 19:35

I would take them to a tribunal. Don’t let them get away with it.

HashBrownandBeans · 12/01/2023 19:35

NewFoxOldTricks · 12/01/2023 19:33

Tonight I have managed to screenshot WhatsApp chats between the two women and the manager proving this has been planned all along.

Tough one, but what do you mean when you say you have proof?

Personally I would string them up!

Them all laughing and joking about getting me out of here as soon as possible so she can come over to this side

OP posts:
watchfulwishes · 12/01/2023 19:36

If you have proof, go to a solicitor. You need to get a move on. Get advice before doing anything else.

Confuzzlediddled · 12/01/2023 19:36

Unless you have a protected characteristic then you can't do anything as you haven't been there long enough.

LIZS · 12/01/2023 19:39

Within two years you need some form of discrimination to claim.

HashBrownandBeans · 12/01/2023 19:42

I think the only discrimination is that the boss likes the young girls around him fawning over him, and that’s not me, clearly, but I can’t prove that 🤷🏻‍♀️

OP posts:
gravyriceandchips · 12/01/2023 19:42

are you in a union?

LIZS · 12/01/2023 19:46

You can still raise a grievance if you feel bullied though.

Flowerpotspring · 12/01/2023 19:47

Second raising a grievance

Akmc · 12/01/2023 19:48

Whilst you’ve not been there 2 years, if you have concrete evidence that your manager knew about a plan to remove you from the office, it’s at least worthwhile bringing this to the attention of a higher management level or an owner?

OdeToBarney · 12/01/2023 19:49

Sorry OP, it's crap but because you less than 2 years service, you can't claim unfair or constructive dismissal. If you feel you have been discriminated against in relation to a protected characteristic you may have a claim. Speak to a solicitor.

trampoline123 · 12/01/2023 19:52

Tribunal.

MynameisJune · 12/01/2023 19:53

HashBrownandBeans · 12/01/2023 19:42

I think the only discrimination is that the boss likes the young girls around him fawning over him, and that’s not me, clearly, but I can’t prove that 🤷🏻‍♀️

You don’t work in Doncaster do you?

Mangolist · 12/01/2023 19:53

I was forced out of my job because the golden boy threatened to leave if he didn't get the promotion that I quite obviously should have got. To be honest, if that's how a workplace does things, we're better off out of it

HashBrownandBeans · 12/01/2023 19:58

MynameisJune · 12/01/2023 19:53

You don’t work in Doncaster do you?

No, I’m down south

OP posts:
YoBeaches · 12/01/2023 20:04

If there's no clear discrimination against a protected characteristic then you can't do anythjng. Can you share loosely what the what's app messages say that 'prove' there was a plan?

MajorCarolDanvers · 12/01/2023 20:05

What you cannot do.

You have only been there 8 months so you cannot claim constructive dismissal. You need 2 years service for that.

You can only take this to a tribunal if you can prove discrimination of some kind under the equality act and it doesn't sound like this is the case here.

What can you do?

During your notice period you can still raise a grievance. But before you do that you need to consider what do you want to achieve with this? What outcome are you looking for? What impact could this have on your husband?

You could also ask HR for an exit interview and share all this with them in that.

Tbh because of your husband I would chose the exit interview as the best way forward.

HashBrownandBeans · 12/01/2023 20:18

YoBeaches · 12/01/2023 20:04

If there's no clear discrimination against a protected characteristic then you can't do anythjng. Can you share loosely what the what's app messages say that 'prove' there was a plan?

I have six screenshots, one was the very early morning well before I handed my notice in, where my crappy colleague told the boss I got the job(she heard me tell another colleague) and asked if the part timer will get my job now, and he said yes she will be and the quicker the better.

OP posts:
Flowerpotspring · 12/01/2023 20:31

HashBrownandBeans · 12/01/2023 20:18

I have six screenshots, one was the very early morning well before I handed my notice in, where my crappy colleague told the boss I got the job(she heard me tell another colleague) and asked if the part timer will get my job now, and he said yes she will be and the quicker the better.

How have you got these screenshots?

HashBrownandBeans · 12/01/2023 20:50

Flowerpotspring · 12/01/2023 20:31

How have you got these screenshots?

my stupid terrible colleague wanted to go home early so asked me to finish one last debrief for her on her computer. The chats were all there on the screen(we use WhatsApp to keep in contact with the staff out on the road). The three of them laughing and joking about getting me out as soon as possible

OP posts:
user1494050295 · 12/01/2023 20:54

Leave a review on Glassdoor and tell your husband to start looking

ChildminderMum · 12/01/2023 20:56

Weird of them to go to the trouble of bullying you out when they could have just given you notice?

If you've only been there 8 months you can't claim unfair dismissal unfortunately. I would just let it go.

Juicylucy1800 · 12/01/2023 21:05

MajorCarolDanvers · 12/01/2023 20:05

What you cannot do.

You have only been there 8 months so you cannot claim constructive dismissal. You need 2 years service for that.

You can only take this to a tribunal if you can prove discrimination of some kind under the equality act and it doesn't sound like this is the case here.

What can you do?

During your notice period you can still raise a grievance. But before you do that you need to consider what do you want to achieve with this? What outcome are you looking for? What impact could this have on your husband?

You could also ask HR for an exit interview and share all this with them in that.

Tbh because of your husband I would chose the exit interview as the best way forward.

Agree

@HashBrownandBeans what do you want to achieve here ? If you did raise a grievance as others have suggested, I imagine those involved will get nothing more than a slapped wrist.

There's no option for any claim other than discrimination under two years service.

Voice0fReason · 12/01/2023 21:29

You have a new job.
Walk away and enjoy your new job.

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