Unfair dismissed?

[Workyworky]

2 yrs ago I was put on a performance plan. They made it very clear it was tick box exercise to sack me.

I'd been bullied for years and had nothing to lose now so raised a grievance
The grievance process went on for over 5 months. The performance plan was dropped.

During that time I was told my job no longer existed and I would be made redundant. There had been no previous redundancy plans and there were 4 other people doing the same job in the same team who were not told this. I was the only person in the organisation. My brain was frazzled so I didn't pick up on this and my union rep was useless so didn't raise it.

Then suddenly they started trying to make me sign an NDA to say I'd go quietly but gave me no incentive/bribe to sign it so I didn't.

Then they tried to make me accept unsuitable jobs that they knew I couldn't do eg they were 2 grades higher or that involved a 3hr commute. Presumably so they could get rid of me more cleanly when I failed the probation period or quit. Again, I refused.

They got quite aggressive and said they wouldn't give me redundancy pay because refusing the jobs meant I'd made myself redundant.

At this point my union rep said she wouldn't support me anymore because "the organisation had done everything it could" ie an NDA with no benefit to me or offering jobs that everyone knew I couldn't do.

The grievance found I was treated differently and physically intimidated but - surprise! - it did not equate to bullying. It wasn't worth my energy to appeal.

I worked the redundancy period, ignoring the threats the organisation was making. I'll never be able to work in that sector again but I have since found a job that is much better for my mental health although significantly less pay or career growth.

My leaving reason says "redundancy".

The organisation paid my redundancy and I got them to agree to a reference.

I've since found out that they employed a number of temps in my role (that was being made redundant) however they kept quitting due to the managers/bullying. As far as I know the structure of that team is still the same now and my job is still there.

I was unfairly dismissed wasn't I?

I would take it as a lucky escape and move on.

Sorry, yes that was a brain dump.😳

It sounds ridiculous but I'm still working through it. I thought I was OK but a friend who doesn't know about any of this (and can't) is having issues at work (different reasons) and is talking about the stomach drop when her manager asks to speak to her, the dreading Sundays because it means it's work tomorrow and about trying to hold back the tears until you step out the door etc.

It's bought it all back and reminded me that I can't sleep when I have a normal upcoming 1:1s etc. I was suddenly called into a meeting last week with senior managers and they joked I looked like a dear in headlights. It was just to ask me what about document but afterwards I burst into tears with stress (in private thankfully!). I made a mistake last week. It wasn't a biggy and easily sorted but I was terrified when I told my manager and she just shrugged and wondered why I had even told her. It takes everything I have to not ask my manager/colleagues to check everything I do. I was told to apply for a promotion but was too scared because I didn't think I could do the work. I'm crying thinking about it now.

I still haven't drawn a line under it. I really want (and need) to but I don't know how. I was wondering, if I gave it a name it might help me understand it and put it all in that box. I don't want to get back into it and have no intention of ever contacting them again so this isn't about naming it so I can sue them or something.

What an strong person you are that you are rebuilding yourself. I would try get some therapy.

It’s called toxic management- can happen anywhere at anytime. May not be anything to do with your performance but sometimes your face ‘doesn’t fit’. The fact the temps keep leaving show that.

just move on, knowing that situation was more about them than you.

As part of the process, occ health sent me to a councillor. On the first meeting the councillor literally told me to stop feeling sorry for myself because it was my own fault for being weak and letting them do it. I stopped after the 3rd session when she implied that because I wasn't talking about my son, I obviously didn't love him. The thing is, I actually think the tough love stuff (not the son stuff, that was crap) might have been useful after a few sessions if done sensitively.

I went to a different councillor a few years back when my brother took his own life. Although he was more sensitive, it was not helpful and didn't help me understand or work through my feelings. I had to find other ways to do that (to some degree).

I am still in the "feeling like a victim mode" as she put it even now. I don't want to have pour out my heart to another councillor. I seem to be doing it on here instead! 😳😵‍💫

Sounds awful - but I'm curious - why did you stay and fight for your job in a thoroughly miserable situation, I just can't imagine thinking that was the best use of your emotional energy, even if you were in the right - what did you hope to achieve?

Having left a toxic career and stumbled about after, I fully empathise.
Leaving a job is like living a relationship - if your previous partner (employer) was toxic, you carry the fear and expectations of that into a new relationship (job role).
Take time, look after yourself, let the past pain go, and learn not to let an employer treat you like that in the future.

I don’t think you were necessarily unfairly dismissed no. At least not in the legal sense. I think you may have been treated unfairly though in a general sense so maybe speak to a counselor and move on.

generally if someone is put on a performance plan and managed out (even if the performance isn’t objectively bad) it’s difficult to succeed with an unfair dismissal claim. The tribunal won’t generally get involved in assessing performance unless there is something else obvious like discrimination. You seem to have been there for a long time despite the performance plan so likely a public sector organisation that isn’t good at dealing with these things .

As stupid as it sounds, it took me a qhile to realise what the bullying was happening. It couldn't possibly happen to me!

I had worked hard to get where I was and also didn't want to leave the pension scheme. There weren't many job options locally at the same level or permanant contracts. I was applying for other jobs as they came up but hadn't been successful.

I knew a grievance would destroy my career so didn't want yo ho down that road. I wanted to stay in that area of work/sector.

As soon as it all kicked off, I knew I had lost my job one way or another so it wasn't about saving my job.

Thank you. It was more that I was suddenly made redundant (their word) from a post that was still in existence and that my colleagues doing the same job were not.

I know, the performance stuff muddies it and that it is too subjective. I'd worked there for 11yrs. The structure was changed so my team moved to a different director/managers. Same job, just a different reporting structure. Within a year of moving I started failing my assessments apparently. Private sector but regional if that makes sense.

Possibly constructive dismissal? Either way I think for your sake you need to put it behind you, legally there’s nothing that can be done