Constructive Dismissal - To Sue or Not to Sue?

[madeyalook]

Good Evening

Looking some advices:

These are the facts:

• March 28th 2011 - joined Employment Agency as Out of Hours Advisor.
• January 26th 2012 - promoted to position of Team Leader. Signaled that I had no previous management experience so needed training and coaching.
• February - 2012 - received item of training 'Essential Legislation for Managers'
• During period January 2012 - August 2012 - received three 1 2 1 sessions with manager, and no performance appraisals. Sent three emails during this period advising I was stressed, needed more staff, was working 60+ hours regularly per week and violating Working Time Directive. Was advised we had to stay within budget and nothing was done. There is no documentary evidence of any coaching or training provided by my manager.
• Alongside this, raised an issue regarding a branch manager undermining my authority in March 2012 by criticizing my performance to one of my staff. Appears nothing done about it as this manager did exactly the same thing in July and recently in October. Does not appear to be investigated by my manager or the line manager.
• Around August 2012, previous manager was made redundant. New manager, attempted to improve things, but hiring staff was slow moving. Felt a lot more supported but confidence in company had broken down by then.
• At start of October 2012, contracted tonsilitis. Due to come back to work 10 October, injured back and was off to 20 October 2012. Return to work with new manager and HR. Asked if I wanted to take a lesser role, a Supervisor role, or reduce hours. Advised that while I was away certain improvements should be made that I should have done - even though my team was under resourced! Felt competence was being questioned - further breakdown in confidence in company.
• At meeting at beginning of November, met with HR and manager to advise I wanted to leave. On record that I said I wanted to leave for 60% negative reasons and 40% positive – the 40% was the fact I am studying a law degree and needed to concentrate on my studies. I resented my treatment by the company and did not think the position could be rescued.
• Contracted UTI at beginning of November. While off sick, new HR representative hired and began to investigate some decisions I had made. Advised company I felt humiliated. Given garden leave until 1^st December on full pay. Pay and holiday accrued paid.

I am considering suing them for constructive dismissal. Does anyone thing I have a chance. One major problem is that the emails I sent asking for help, I have not been able to print out, but the company will have no record of help given to me (as it did not exist) and will not be able to show that staff numbers increased when the team got busier.

Any help greatly appreciated.

[miliitant]

Re: Constructive Dismissal - To Sue or Not to Sue?

with the lack of any documented evidence or grievance hearings, i consider a claim for constructive dismissal ill advised

you would need to prove a point occured where you were forced to leave and resign their and then.

a complete breakdown of trust and a total breach of your contract of employment would have to have occured

you need more documented evidence ime afraid

[teaboy2]

Re: Constructive Dismissal - To Sue or Not to Sue?

Regarding the 60+ hours - Did you sign the opt-out and what are your weekly contracted hours in your contract? Plus what rate were you paid for the extra hours, time and a half?

I reveal why i ask when you have provided the answers!

P.s militant a hint for you - stress and section 6(1) and section 20 equality act 2010!

[madeyalook]

Re: Constructive Dismissal - To Sue or Not to Sue?

Hi

Many thanks for your input. I did opt out of the Working Time Directive, but as I read it I was still not allowed to finish a shift at 11pm and come back in at 6am. I was told that as a salaried employee I would not be paid ANYTHING for the extra hours!

[miliitant]

Re: Constructive Dismissal - To Sue or Not to Sue?

Do you have any documentation to what you have just stated

[madeyalook]

Re: Constructive Dismissal - To Sue or Not to Sue?

Do you have any documentation to what you have just stated

I had an email spreadsheet of hours worked. But again - this would be with the company on my computer. We had an online ADP timesheet system, but because of my irregular hours my team did not use it. Beginning to think documentation will be my big fail here!

[teaboy2]

Re: Constructive Dismissal - To Sue or Not to Sue?

Right another angle to approach this, would be for you to tell us your salary on a weekly basis, before tax is deducted, and what your average hours for that week was. If you can do that for 12 weeks by providing a list with 3 coloumns - 1 week number, 2 salary for that week (though it will be the same each week), 3 hours worked that week. You may PM the list to either me or militant instead of posting it on the thread if you wish!

Reason we need this is to see if the hours you worked compared to what you were paid took you belo the minimum wage mark. Please provide weeks from last year and they must be consecutive weeks i.e. week 1,2,3, of the year and not week 6, 31, 52. Do week 24 till week 36 for example. OR if you have the time do the list for a full 52 week period! If it works out your average pay per hour worked is less than minimum wage, then they are screwed. Also what were your contracted hours, and what time did you actually start and finnish. Because if their is not enough hours rest between finnish time and start time it is a breach of working time regulations!