Do I put a complaint in to HR before or after I leave

[Whenitsmytimeitllhappen]

Handed my notice in today, manager an absolute tyrant to work for, some of which was said in the notice but obviously all being denied by them....

I will be putting a letter of complaint in, namely for Constructive Dismissal, but does this need to be completed before my last day? Or can this be sent after I leave?

Asking because I know if this official complaint gets back to to the manager, my life will be made a living hell before I go and I really can't be dealing with it. So if its possible at all I would like to avoid daily showdowns.

I’d send it, go in and record the daily tantrums.

You can't claim constructive dismissal if you haven't tried to resolve the issue before leaving.

It’s tough but I’d say do it before and keep a record of their bad behaviour. I made a successful constructive dismissal claim several years ago so I know a little about it. If things escalate after the letter you can also claim victimisation.

Actually I’ve just noticed you said you mentioned the manager was a reason in your resignation letter. That may be enough since it shows you’ve raised the issue with the employer before you leave which I think is the main thing.

So in that case you could possibly wait until you leave to raise a grievance. I’d call ACAS for advice either way!

I knew thats what the answer might be, just wanted to avoid more confrontation. But as said, I would have a better case if my manager does have daily showdowns with me.

Have only spoken to manager about what has been going on, nothing was ever made 'official' as such. this will be the first time HR will be dealing with it - apart from my resignation this morning. I'm guessing this will not help my case?

This ^^

You have no "case". The only possible way to claim constructive unfair dismissal without having exhausted the entire grievance process before resigning (and its still the worst possible claim then) is if there had been a repudiatory breach so severe that it warranted immediate resignation. That's the kind of "my manager assaulted me" type of thing, not the "my manager is a tyrant/ bully" mind of thing.

And I can promise you that you'd be very shocked at what behaviour is legal - being a bully / tyrant is not in fact, in itself, unlawful. Nor is victimisation or harassment except in certain specific circumstances of law.

Think carefully about what outcome you want. If it's to teach the tyrant a lesson or stop them from behaving like that or making sure they don't get away with their antics, save your energy and hard earned money. It really isn't worth it. He'll just laugh in your face.

Constructive Dismissal is technically extremely complex - you need to prove that you've been through the company's internal process, plus engage with ACAS, submit your Tribunal claim on the correct form, within the correct timescales, you'll need to engage solicitor if you aren't familiar with the process.

It isn't as simple as "Sue him for Constructive .dismissal" it'll be months of your life and £000's you'll never get back.

Yes agree with above. I can see a solicitor rubbing their hands in glee. I'd just walk away and enjoy the freedom from the tyrant!
Good luck whatever happens.

Thank you everyone for your replies. I think I'll put a complaint in with HR next week before I leave and hopefully it'll stop it happening to someone else.

Sorry that you have to go through this but why are managers so nasty?

Definitely raise the grievance before you leave.

I did this with my tyrant of an ex-boss. He screamed at me several times, the final straw was when I'm he shouted that I was completely and utterly useless in front of my peers.

Company investigated the grievance which involved multiple Senior people. I ended up getting a very good payout, as my employer didn't want the hassle of a slam dunk Tribunal (they had loads of chances to help me and failed to dos so). I also negotiated to WfH for the last 2 weeks, and never spoke to that awful boss again.

I think because they are power hungry control freaks lol!! Although the manager I had before this one was awesome, she was driven out though by the manager I have now. Says a lot really I suppose

How long have you been employed there for?

As others have said, definitely raise before you leave. You never know, it might even get resolved.

Sorry, I just plopped and ran.....I went through this very thing many years ago. I made the formal complaint having been through years of bullying and sexual harassment which was swept under the carpet.
I received a letter saying an investigation had found his behaviour was unacceptable. Unfortunately the HR manager was overheard saying they were just pretending as they knew I'd leave soon anyway!

My last few weeks at work were hell but I completed the tribunal forms and included a witness statement from the person who overheard the conversation. My employer agreed to a large payoff the day they received the form. I was extremely lucky, I don't think I could have coped with it going further from a mental health standpoint.

If you are working your notice period, it's very difficult to claim constructive dismissal

Many employers offer to settle before a tribunal even if they think they would win because tribunal costs are high so it's cost effective to offer a settlement.