• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.
  • If you need direct help with your employment issue you can contact us at admin@legalbeaglesgroup.com for further assistance. This will give you access to “off-forum” support on a one-to- one basis from an experienced employment law expert for which we would welcome that you make a donation to help towards their time spent assisting on your matter. You can do this by clicking on the donate button in the box below.

constructive dismissal

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • constructive dismissal

    I have just handed in my resignation letter, and thinking of going for constructive dismissal. I have been working for this well known company for nearly 4 years.

    There was certain person working in same place that thought he was above the rest and was very abusive to many employees, but as he was related to management he got away with a lot. he was fired and rehired on many occasions. 1) being drunk as he had a booze problem. he was a section manager. Anyway my job was a delivery driver delivering BBQ's and garden furniture etc... 1 week he disappeared not answering his phone to anyone etc as he had gone on a binge drinking session (well known in store he did this) but in the mean time i was asked by the buying department to take photos of all said furniture etc of how they were delivered to store as many were getting damaged and to send pics to the main store manager and the buyer only. this certain manager returned to work and found out i was doing this and went berserk at me with abuse saying he should of been involved in this and why wasn't he, I told him 1) he was not around and 2) i was given orders by store manager. he got very threatening so i retreated to a safe place fearing violence.

    week later i had a outside storage box to deliver to a customer but none was in stock, so i approached this manager and told him this, he said take 1 that is on display and deliver that. At the customers house i noticed some damage to it and explained to customer it is still water proof and i will get a new 1 out to her when stock arrives in. customer happy. on return to work i found the said manager in the office with other managers, i knelt down near him as he was at a computer and said that box i just took out was damaged. well hell let loose and he started saying what have you done to it, making out i had damaged it. but was very aggressive. i then stood up and walked away from him to go to my van and get my phone to show him photos of it. he followed me out came behind me and grabbed my arm pulling me back and being verbal and spitting in my face shouting. I pulled away and carried on to my van he followed as i got my phone another manager came out and asked what was going on, explained everything and then the abusive 1 walked off, i then told this manager what had happened and she said he has problems. i told her no matter what problems you have you dont get violent with anyone. she then walked off.

    For the next few hours i was thinking about this and thinking of going to the police as it was un wanted physical contact also known as common assault. i then approached another manager and asked her advice, she told me to go speak to store manager, but i was a bit wary as i was led to believe they are related in some way. For the next hour i was doing nothing but thinking about it, but then i got called in to store managers office as the other manager had told him what i was asking. he said he would investigate everything and get back to me. few days later, was called back in and store manager told me that the manager had admitted the assault and was going to say sorry and will never happen again. so stupid me left it at that. then this manager went on a binge again and wasnt seen for days, next thing we all got email saying he had been sacked, not for assault but for not coming in etc. thought cool i can relax again.

    About a month later i was chatting to another employee and they told me this manager was coming back the next day, my nerves started again. when he came back i stayed out of his way and was always with some one when he was around just in case. next thing i was asked to move some stuff etc and also asked to work with this guy. i refused and explained why, but had to ask him a few questions were then he had another go at me. I thought then this was getting intorable and i cant work there anymore as i was on tender hooks all the time etc.. i handed in my resignation and asked them to terminate my contract with immediate effect, they refused but allowed me time off to think about things.

    I called HR, when i finally found their number and explained everything, they setup a meeting with me and the store manager for the week after as he was still away. 3 days before the meeting i got a txt from store manager asking me to go in to see him on his own as he would go back to work to talk to me before his holiday was up. i refused and said no i want meeting with HR as i thought he was trying to get to me stopping me reporting all to HR. during HR meeting he denied saying that this manager had admitted assault and lied about a few other things. and they said go now and they will pay me a months pay in lieu of notice. i left there.

    i have wrote a letter to the CEO of the company, but he just passed it to HR, they contacted me asking a few questions and i replied, but then when i mention i was thinking of taking them to court, the store manager sent me a whatsapp message asking me to meet him outside of work and without HR knowing, so i agreed but recorded the meeting with him. in that meeting he admitted he lied and admitted the manger did assault me also said many decisions he made about it all he had done in anger.

    first thing i did was report the assault to the police and sent them the recording and also contacted HR and told them i had recording of it, Today head of HR called me and asked me what outcome do i want, so i said i want a letter off store manger and other managers saying sorry and a little compensation for the upset stress etc as if this hadnt of happened i would still be happy working there now.

    HR said i was being fair and would give me an anser by end of play today. 9pm came and i got a email from them saying see you in court. anyone give me advice. im not doing this for money i can hold my head up and say i have not lied once and they are just sticking together and trying to cover it all up. i have 14 statements from ex employees saying this manager was a boozer and came in drunk many times and what the store manager is like etc...
    Last edited by ULA; 21st October 2022, 10:03:AM. Reason: Putting in paragraphs to make it easier to read.
    Tags: None

  • #2
    Sorry - wall of text - unreadable.

    Comment


    • #3
      ok quick question then, i have the tribunal papers, how do i start off what has happened etc..

      Comment


      • #4
        Hi ugly I have made your post easier to read.

        In answer to your quick question, you need to start your claim via the Early Conciliation process with ACAS, linked to below:

        https://tell.acas.org.uk/check-user-wants-conciliation

        I do have some comments on your situation and the fact you are going to claim constructive dismissal but will only provide if you are interested.
        If you would like a one-to-one expert consultation with me on your employment issue than I can be contacted by emailing admin@legalbeaglesgroup.com

        I do not provide advice by PM although I may on occasion ask you to send me documents this way but any related advice will be provided back on your thread.

        I do my best to provide good practical advice, however I do so without liability.
        If you have any doubts then do please seek professional legal advice.


        You can’t always stop the waves but you can learn to surf.

        You are braver than you believe, smarter than you think and stronger than you seem.



        If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

        Comment


        • #5
          Thank you,
          I live in channel islands and dont have ACAS over here

          Comment


          • #6
            Constructive dismissal is a challenge.

            Comment


            • #7
              as i said tot he company HR this island is a small island and last thing they want is bad publicity as all done in public, win or lose

              Comment


              • #8
                I am not sure which channel island you live on but there is the Jersey advisory and conciliation service which I have linked to below and there is a service in Guernsey also linked to below:

                https://www.jacs.org.je/about-jacs/

                https://www.gov.gg/employmenttribunal



                If you would like a one-to-one expert consultation with me on your employment issue than I can be contacted by emailing admin@legalbeaglesgroup.com

                I do not provide advice by PM although I may on occasion ask you to send me documents this way but any related advice will be provided back on your thread.

                I do my best to provide good practical advice, however I do so without liability.
                If you have any doubts then do please seek professional legal advice.


                You can’t always stop the waves but you can learn to surf.

                You are braver than you believe, smarter than you think and stronger than you seem.



                If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

                Comment


                • #9
                  many thanks, been today to see Citizens advice and they looked through my papers and said i got a very good case

                  only thing is, does anyone know how many copies of paper work i have to make for the hearing ?

                  Comment


                  • #10
                    Which island are you on? I can then see if I can provide you some assistance by undertaking some research for you.
                    If you would like a one-to-one expert consultation with me on your employment issue than I can be contacted by emailing admin@legalbeaglesgroup.com

                    I do not provide advice by PM although I may on occasion ask you to send me documents this way but any related advice will be provided back on your thread.

                    I do my best to provide good practical advice, however I do so without liability.
                    If you have any doubts then do please seek professional legal advice.


                    You can’t always stop the waves but you can learn to surf.

                    You are braver than you believe, smarter than you think and stronger than you seem.



                    If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

                    Comment


                    • #11
                      im in Guernsey

                      Comment


                      • #12
                        Have you completed the ET1 Complaint Form as that is your starting point?

                        If so you just need to send that into the The Secretary to the Tribunal, Edward T Wheadon House, The Truchot, St Peter Port, Guernsey, GY1 3WH or email: Employmentrelations@gov.gg.

                        I suggest that you keep a copy for yourself as well for your records.
                        If you would like a one-to-one expert consultation with me on your employment issue than I can be contacted by emailing admin@legalbeaglesgroup.com

                        I do not provide advice by PM although I may on occasion ask you to send me documents this way but any related advice will be provided back on your thread.

                        I do my best to provide good practical advice, however I do so without liability.
                        If you have any doubts then do please seek professional legal advice.


                        You can’t always stop the waves but you can learn to surf.

                        You are braver than you believe, smarter than you think and stronger than you seem.



                        If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

                        Comment


                        • #13
                          ULA on the ET1 form were i write out my complaint, do i have to go in to full detail or just the jist of it and keep the full write up for my bundle ?

                          as i thought if i give full detail they can just read mine when they get it and prepare to answer everything and , it is known to falsify documents to help them, such as i have had copy of meeting notes or my subject data access request

                          Comment


                          • #14
                            The ET1 has to contain the full details and if necessary, you will need to continue on a document that is known as Particulars of Claim (PoC). It is very difficult to bring anything into your claim later in the process if you have not included in already in your ET1 and PoC.
                            If you would like a one-to-one expert consultation with me on your employment issue than I can be contacted by emailing admin@legalbeaglesgroup.com

                            I do not provide advice by PM although I may on occasion ask you to send me documents this way but any related advice will be provided back on your thread.

                            I do my best to provide good practical advice, however I do so without liability.
                            If you have any doubts then do please seek professional legal advice.


                            You can’t always stop the waves but you can learn to surf.

                            You are braver than you believe, smarter than you think and stronger than you seem.



                            If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

                            Comment


                            • #15
                              ok papers being sent in tomorrow

                              Comment

                              View our Terms and Conditions

                              LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

                              If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


                              If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.

                              Announcement

                              Collapse

                              Welcome to LegalBeagles


                              Donate with PayPal button

                              LegalBeagles is a free forum, founded in May 2007, providing legal guidance and support to consumers and SME's across a range of legal areas.

                              See more
                              See less

                              Court Claim ?

                              Guides and Letters
                              Loading...



                              Search and Compare fixed fee legal services and find a solicitor near you.

                              Find a Law Firm


                              Working...
                              X