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

[HashBrownandBeans]

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 😞

As has already been said, you have no legal right to claim constructive dismissal as you have not been there long enough. And even if you had been there for two years, I don’t see how screen shots you have sneakily obtained discussing what will happen after your resignation, is constructive dismissal.

To be honest you sound like you have quite an attitude problem with the way you speak about your colleagues and your paranoia over the performance review, if they wanted you out they could have just told you.

I completely disagree with Aprilx. I don't think she's got an attitude problem. She's been bullied out. They've cleverly manouvered the other lady into her position. Text messages prove so. Just because she hasn't been there 2 years, she's now got no claim in the eyes of the law, re constructive dismissal, but for us layman, we all know what's gone on here, and it's disgusting, and she has every right to feel aggrieved. Unfortunately she is quite powerless, so we advise her to just move on, but the injustice is a bitter pill to swallow.

You sound like a level headed steady worker who has been bullied out. Go see a solicitor

I think you should just move on to your new job. Hold your head up high. It’s shit, but that’s life sometimes. I don’t think you have a case here and you shouldn’t really have screenshotted the computer. Just draw a line under it.

As you can't claim constructive dismissal unless you can prove ageism I'd at least raise a grievance.

I think you need to work out what you want from this - a solution would be to offer you your job back and surely you don't want that? Are you looking for compensation?
The essence of the message you posted while vile is not bullying ie saying the better you leave is terrible but since they have been going through disciplinary than it would be in keeping with that? Surely you would need something saying they planned to get you out?
Its a dreadful experience but I think you are better off drawing a line in the sand and being pleased you have an exit strategy. Good luck in your new job it sounds like you have dodged a bullet with this one.

She hasn’t been bullied out, because there is absolutely no need. If they wanted her out, they could have saved themselves a lot of time, by simply giving notice.

Yes. But they didn't did they April? They didn't give notice, as is the norm.

I also disagree with Aprillx, and agree with you in that I don't think the OP has an attitude problem.

The OP is a victim of bullying in the workplace and the likely reason she wasn't dismissed is because the employer/management are lazy and incompetent, as evidenced in not following procedure re: the 3 month probation.

OP, I'm not sure what I'd do in your situation due to your DH working there. Without that added complication, I'd definitely be seeking legal advice.

I wish you well in your new job.

Who is “they” though? OP seems to be talking about one manager & one same level colleague - not the company as a whole. It all depends on what level the manager is at & how much power they actually have. Low level management for example might not have the authority to simply give notice without first obtaining authorisation from someone more senior & would more than likely have to make a case for it. This individual manager could plot & scheme however to make someone’s life more difficult, so that they leave by their own accord & then hey presto, their mate from the next department could transfer over.

For example, in the last company I worked for, the Office Manager conducted all performance reviews with the admin staff but had no power to do anything herself, she would basically feed back to a senior manager / HR who would then authorise warnings, PIPs etc. She certainly couldn’t get rid of someone of her own volition just because she was management.

I’m afraid there’s nowhere to go with this unless you raise a grievance during your notice period. No discrimination and not enough service for any other type of potential claim.

Of course it’s awful, but that’s the law. Just get out and put it behind you. Maybe use the exit interview to explain what happened.

I had a not dissimilar situation where I was made redundant in a situation where there were a lot of lies about my performance to cover up for a colleague whose fault the income problems were and the CEO who had ignored them. I had reasonable proof.

In the end I made the decision not to fight it - I had less than two years service like you. I did do an exit interview and provided some, but not all of the proof.

I had some advice from a legal friend before I made my decision and she suggested that negotiating an exit settlement in exchange for confidentiality (eg not putting your text messages onto the internet etc) might likely have been successful. So that could be one option for you, I didn't go down this route because the organisation is a charity so it didn't sit comfortably with me.

I still feel cross about it, and wouldn't recommend to a friend to work there, but I feel comfortable with my decision.

I claimed constructive dismissal from a job about 25 years ago. However I had been there several years and found another job within weeks, and to be honest would have moved to that job anyway. Not easy, agreed after legal advice and settled on what was effectively the salary for the intervening weeks.

I think given the length of your service, you need to seek legal advice if you want to argue ageism.

There's nothing you can do legally but if I were you, I'd arrange a meeting with both on the pretense of a work issue then I'd calmly confront them and watch them squirm. It's the only power play you'll have so you might as well enjoy it! I imagine it'll be a very quiet rest of the day after that!

That’s because she got herself another job and resigned.

Honestly, some people just don’t fit into a certain team whereas others do. It doesn’t matter how well you work because friends will excuse their mate’s mistakes, as long as they’re having a good time together.

I would read the text messages as perhaps being indifferent about you leaving, but mainly happy to get their mate back in the office asap. That mate could go back to the office with or without you leaving. I wouldn’t take it as a personal insult against me or as colleagues hating my presence, but as them simply being happy to be reunited with their friend.

ultimately you have to protect your mental health and your new job. You don’t want to go to your new job with knocked confidence and wariness of colleagues. So if you tell yourself that it’s not personal against you, it hopefully won’t carry over as much baggage to your new role.

the grievance procedure is stressful and can be soul destroying if it’s their word against yours and nothing comes out of this. you’re having a clean break - take it and run. You won’t have to deal with the drama for much longer

It depends on what you want the outcome to be.

If it were me in your situation I'd print off the screen shots and have an exit interview with hr. Then follow this up with an email to them and copy in your private email address.

Then I'd speak to the manager and quietly tell them they've treated you appallingly, and effectively managed you out of the company. I'd point out acting like this is unprofessional at best and morally wrong at worst and could have potentially impacted peoples mh etc. I'd say this professionally but also let it be known they've acted terribly.

Do this in a private setting after you've logged it with hr

Put it down to a piss poor experience.
Honestly I was subject to similar in a place where I had been for 13 years. Having always been a great performer, I was basically bullied out in 6 months by a new manager. I did raise a grievance before I left, but it merely demonstrated to me that the loyalty people have for you is only for as long as you are useful to them.
It took me a long time to get over. Don't be me!

A bullying workplace is unlikely to change. Toxic management has a habit of sticking around so I would be moving on to somewhere where you can develop and settle. I would certainly tell HR in an exit interview if you have one and I would also make it your last email to your manager so he knows you know.

It won't help you but will make HR aware of the tactics the manager is up if it catches up with him later on.

Similar. I'm still affected by it a year on and it's awful

You can't claim unfair dismissal until after two years. You could suggest you feel you've been forced out unfairly (and that discrimination was involved if there's a case for that) and see if they give you more money but I doubt you'll be successful.

Raising a grievance will not bring you the closure you’re seeking. Absolute best case scenario you will get an outcome upholding your grievance but you won’t know what action they take as a result. That would be confidential between the company and the other employees.

So where does it take you?

I’ve not gone in today, woke up absolutely raging 😡 Going to take the dogs out now to clear the cobwebs a bit.

I called the manager on the other side where I’ve been moved to to work out my notice and told her what had happened, said I wasn’t going to do anything about it right now so don’t say anything as don’t want to affect DHs work(it probably will). She loves the husband and hates the other dickheads so will keep quiet.

I’m going to fill out the leaver’s questionnaire on my last day and attach the screenshots. They deserve to know what they’ve just promoted to a regional manager at the very least.

This is really tough. I know how much you must want to challenge this but I'd really just walk away, given your dh is there.

If you are going to do anything, go to hr or to as senior a person as possible.

It sounds a totally toxic place so think of this as a lucky escape.

I'd do this too. Even if it doesn't affect the outcome for you I often think that managers and colleagues as you have there behave like this because they bank on people keeping quiet. I'd call them out on it very calmly.