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Constructive dismissal?Bullying?Inequity?

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  • Constructive dismissal?Bullying?Inequity?

    Please could someone give me some advice as I'm at my wits end!

    Background- I work for a small engineering company with approximately 22 employees. The MD was an ex-colleague of mine in the past (I was a service engineer & he was a design engineer) and we became close friends.

    Ive been working fulltime at my current job for just over 2 years, originally I was set on as a contractor working in the office as a project engineer, it was made very clear to me at the start that I was office based. I once turned upto work in jeans and was promptly told by the MD that these were not suitable attire for office staff, from that moment on I wore pants/shoes/shirts.
    Within approx 3 months I was asked if I still owned all my work tools, i was asked to be flexible and bring them tools in so that i could help on the shop floor when needed. Another month later and i was asked again to be flexible so that i could help out on service (my MD knew i didnt want to be a service engineer).

    When my contract ran out I was offered a fulltime job where i would be office based and if not busy in the office and required on the shop floor or out on service i would make myself available to help out. I accepted the job on the promise that service work would be few and far between.
    Within a few months of accepting the job i was asked to go work on the shopfloor at short notice, I pointed out that i wasnt suitably dressed for dirty work at which point i was told by the MD that i have to be ready to drop everything and work downstairs or on service-from that point on i turned up in 'scruffs' just in case and nothing to this day has been said about my office attire which i see as a massive contradiction to what he had said only approximately 8 months earlier.

    Over the last couple of years it has become very clear to me that i have been set-on more for my older skills rather than my office skills as shop floor or service works is paramount to my office work.

    I received an employees contract not long after starting which totally contradicted everything that had verbally been agreed before i accepted the job. I amended where necessary and was told that the contract would not be amended under any circumstances as all the contracts were the same for everyone (which i know to be untrue). I did not sign the contract and told my MD why, he just walked away.

    Since then i have been sent on service jobs and shop floor work when we have had other engineers available for these jobs. Ive been given a performance review pointing many faults of mine after i complained about how certain shopfloor workers spoke to me/treat me (i saw this as a threat to shut up and dont kick up a fuss).
    Certain people can blatantly sit around doing nothing all day whilst I am sent down onto the shopfloor or working out, I am always found something to do whilst these other people are over looked.

    If i mention any of this to my immediate boss he shrugs his shoulders and says there's nothing we can do because its the MD's company and he runs it how he likes.
    If i get caught checking my personal mobile phone its frowned upon although other employees can get away with using the company phones to make lengthy private calls with nothing being said.

    Last year when it snowed i was 1.25 hrs late for work- i got pulled into the office by the MD and questioned as to why i was late and told i had no reason, then 3 other colleagues turned up 2hrs late,3.5hrs late and 4.25hrs late respectively and the MD's only response was to say "thanks for making it in guys".

    These points are just a few of all the things that have been going on with me at work and im sorry about the essay, any advice would be great at this point.
    Tags: None

  • #2
    Re: Constructive dismissal?Bullying?Inequity?

    I can see little in terms of legal options for you here. You have accepted the contract and the job as it stands. Signing a contract has no relevance - you were told that your changes were unacceptable and that the terms offered to you stood, and you have worked at that job for two years under those terms. They are therefore your contractual terms and you have accepted them. The job you are doing is therefore the job that you have, and the employer is in no way being legally unreasonable in expecting you to do it.

    As for the rest, well, sorry, but the MD doesn't sound like a very nice person but that isn't unlawful, and as your manager has told you, it is his company and he can run it as he like, providing he doesn't break the law. And you haven't shown that he has. Being unpleasant isn't unlawful. And treating people differently or holding them to different standrads of behaviour is not unlawful unless that discrimination is based on protected characteristics such as race or gender - which you have not suggested it is.

    I am sorry but it seems to me that your only option, if you are unhappy in your employment, is to find another job. I can't see any way in which you have a claim for anything in law.

    Comment


    • #3
      Re: Constructive dismissal?Bullying?Inequity?

      Unfortunately, you have walked into a corner - once you do something not in your original contract for six months or more, it becomes "custom and practice" - you might gain something by lodging a grievance following the ACAS Code of Practice Grievances and Disciplinaries - although it reads as though he wants rid if you and bullying is the way to do it.

      Comment


      • #4
        Re: Constructive dismissal?Bullying?Inequity?

        Originally posted by starukkiwi View Post
        Unfortunately, you have walked into a corner - once you do something not in your original contract for six months or more, it becomes "custom and practice" .
        Where does it say that? Because it isn't the legal definition of custom and practice. Custom and practice can start on day one of an employment - if that is the way that something has always been done then it is custom and practice.

        Comment


        • #5
          Re: Constructive dismissal?Bullying?Inequity?

          Thanks for the replies, there's more to the story but its mainly to do with 1 rule for me and another rule for others so basically I am now on the jobs market and hopefully I can find a new job soon.

          Thanks again

          Comment

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