Dreading making a constructive dismissal/disability discrimination claim...any advice about the process?

[Summerartwitch]

I am on my second burn out in 3 years. at work due to a toxic environment, unreasonable workloads and failure to support me with reasonable adjustments.

I work 3 days a week for a charity in a senior role and have a long term, declared to HR long term health condition/disability.

I have had several issues over the years such as expected to deliver a full time workload over 3 days, being excluded from meetings, not informed of changes, being excluded from training opportunities, not having my achievements reported to senior management by my manager in their quarterly report, being paid less than colleagues with the same job titles (although there is a 'banding' type arrangement so everyone should be on similar salaries) and refusal to put in place reasonable adjustments suggested by my GP after I came back to work after my first breakdown/burnout.

I am signed off again and logged into my work account (as no one has been in touch with me to check on me after I sent my first sick note or even acknowledged it) and noticed that my manager for whatever reasons has changed without consulting me the turnaround time for project delivery for my function from 3 weeks to a 1 week or less turnaround which will basically make my job impossible to do/deliver as a part-time worker when I am back from sick leave.

I think at this stage I will have to lodge a complaint and potential make a claim for constructive dismissal on my return.

Does anyone have advice? have you had to do something similar?

The best outcome would be for them to offer me an agreement to leave, which I would happily accept but I will not allow them to just find excuses to manage me out and get away with it after all they put me through.

Watching with interest as I am going through something similar. I have zero resilience left and am going through a period of inertia about resolving the toxic work situation I am in

Thank you for sharing @MostlyGhostly.

I feel similar. I am just so exhausted still that facing the reality of coming back to work and having to make complaints just makes everything worse.

But at the same time I am just so angry and fed up with them and I know the situation needs addressing once and for all.

Why not just find a new job and leave without all the hassle?
it doesn’t sound like you have a strong constructive dismissal claim that’s robust and hard evidence to stand up in court so why create the trauma? It’s a very long hard drawn out process.

Me three. Sorry you are both going through this too

Massive empathy with you OP. I have raised a few issues with my former “mentor” who turned out to be as toxic as my departmental manager, (I was discriminated against after a period of mh related sick leave) and he’s just replied. I can’t even bring myself to read the email, I’ve just no energy left for it all

Firstly you need to go through the company's own procedures. You need to start by filing a grievance.

Stick to facts. If they have not made reasonable adjustments suggested by a medical professional that is going to be a good place to start.

Write down a list of the things you are complaining about. Keep your list factual. If you have evidence of particular things then that is even better. That is what their internal investigation should consider.

If you want to remain with the company then you need to put in a grievance. If it’s not resolved to your liking , then appeal. Basically if you continue making grievances and they can’t resolve them amicably then you just carry on making them. At any time you can ask for a settlement agreement to leave the company.
if you are thinking of a constructive dismissal then you have to resign and never return. There needs to be a final act that makes it impossible for you to go back and that makes you believe the relationship between yourself and the employer is not salvageable. You may have this info already.
You can’t go back and decide to give notice. You either tell them you’re going and walk out, or simply don’t go back.
having said all this, it is extremely difficult to win a constructive dismissal case. In fact almost impossible.
I assume you’re not in a union as they would help you with this.

@Retireornot

Thank you. That's really helpful.

I am planning of going back when my sick note ends and then raise a grievance and I will take it from there,

@Largestlegocollectionever
'it doesn’t sound like you have a strong constructive dismissal claim that’s robust and hard evidence to stand up in court '

I have a long trail of instances of disability discrimination, failure to consider reasonable adjustments and of being differently from the rest of the team and have kept a diary of it. The pay discrepancy can also be easily proven. This manager was also the subject of a similar claim by another disabled person in the same team fairly recently so they have form...

I urge caution here. Did they completely fail to consider reasonable adjustments, or did they disagree that they were reasonable? Because there’s a big difference.

If you wish to continue working there, your best option is to try and resolve the issues, but if you’re on your second burnout it seems that you may be better off putting your energy into finding a new job.

I speak from having gone through a very lengthy grievance/constructive dismissal/discrimination case that was resolved to my satisfaction. It’s very, very stressful and not something you should put yourself through unless you a) have a high chance of winning and b) have a high chance of winning for a substantial amount.

Have you sought legal advice?

Constructive dismissal is really difficult and complex to prove. The risk is entirely skewed against the employee.

The premise of CD is that they have intentionally made your job so intolerable that they are in breach of the employment contract that you both entered into when you took up post at the company, such that you have no option but to resign with immediate effect.

The fact you say you're going to wait until you get back from sick leave (which presumably they are paying for), is counter to your claim that the situation is intolerable. If the situation has been going on for years, arguably you have accepted that situation so it couldn't have been that intolerable (from their perspective).

if you take this to tribunal, you have to stump up all your legal costs. They just have to sit in their hands and play chicken, as you force things through a process they are unlikely to cooperate with.

what is your desired outcome from the action? What do you actually want to achieve. Have you explored all options including revisiting the situation about your RAs, agreeing to part company with a Settlement Agreement, finding new employment etc. You may find you come away the net loser if you go down the legal route, it isn't designed to be lucrative, simply to reinstate you to a position of neutral finances, had the discrimination not taken place.

its a long arduous route, go into it with your eyes wide open would be my advice.

Check your contract and try to identify what the breach would be, effectively constructive dismissal is that it impossible to do your job so you are saying they’ve effectively dismissed you in all but writing. A grievance is a complaint and should be your first point of action. You mention you have a long trail of issues but unclear if you’ve formally raised them. Not raising a grievance won’t help a constructive dismissal case later as it is harder to prove it was so intolerable if you didn’t raise it or have some sort of other trail like medical notes where you’ve raised the stress with your GP perhaps. Personally I’d log it with the GP, raise a new grievance with what you want the outcomes (improvements) to be and/or look for a new job and resign.

Constructive dismissal is really difficult and complex to prove.

This. I wouldn’t consider arguing CD without first taking advice from an employment lawyer.

HR person here.

The advice you've been given is correct; raise a grievance first, because if you don't and you do end up at ET, the tribunal will not look favourably on you not following the established process and could reduce any award because of it.

ET is hard. We have a saying in HR "dance like no-one is watching, email like it will be read out at tribunal". Imagine the email you send on your worst day, read out without context and then being challenged on it. Additionally, if you are trying to argue discrimination based on a protected characteristic, the burden of proof is on you as the employee whereas for other claims its on the employer. So you would need clear, specific evidence that you had been discriminated against based on your disability.

So, raise a grievance. If they dont uphold your grievance, appeal the outcome, go through every last step of the internal process so you can prove you've done everything you should have done.

Workloads when you are part time often don’t reflect less work! I work for a charity and have done for several others. I’m not sure if your role is compatible with part time if the turn around is shorter, could that be the reason? If you work part time you are paid less, do you mean less per hour too? Was the reason you were excluded that they occurred on your non work days? I never expect achievements reported as I don’t work for personal glory if that makes sense, I don’t know what you expect? I also don’t think your medical team suggesting reasonable adjustments were possible was even realistic, every charity I’ve worked for is on a shoestring budget so everyone has to pull their weight 110%, that’s the reality of charity work. It is also implies you are looking for them to make you an offer to leave, I’m guessing you mean a pay off, this also seems unethical to me, use of charity money is very strictly controlled. If you cannot cope with the workload you should look for an alternative job, I suggest not in the charity sector, I wish you luck.