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Hi, and thanks in advance for any advice offered. I shall try to keep the issues in order that u was made aware if them for ease of reading.
My wife has worked for s company for 6/7 years initially f/t but p/t for the last few years after the birth if our son. She has always had an exemplary record.
Around the time ny wife was pregnant she had a new line manager. After returning to work after maternity leave she started to suffer from depression (this was assumed to be post-natal at the time bit now I believe otherwise) and was eventually signed off long-term sick. Prior to being signed off she told ne she was being treated differently to her colleagues (one example, she was reprimanded informally for something that she believes at least 8 other employees should have also been reprimanded but werent), and she made a complaint to her line managers manager, but apparently nothing was done.
Fast forwaRd to the present day, redundancies have been announced and my wife selected (no voluntary redundancies were offered). The redundancy wad based on a scoring criteria + an employees last annual review.
This is where it gets complicated for me. They have declined to use my wifes last review as it was 2 years ago (this years nor done because she requested another manager to review her due to the issues with her manager, and last years because for his own reasons her line manager just didn't get around to Doing it, despite being able to review most or all of the other members of the team) so the Statefarm they would "double" her score to compensate (scored by a manager who can only score by consulting the line manager in question).
One if the critferia being attendance for which she has been signed off for work related stress & declared to occ health instructed by her employer. After all this my wife broke down in tears and explained yhat the kibe manager has being making sexual comments to her, asking her to go out with him, and in one occasion pointing to his obvious erect bulge under his trousers and stating "i can't move, look what you've done to me".
When ny wife asked him to stop he said ok, but the very next day had a go at het over somthing silly stating "dont forget, I'm the obe who can nake your life difficult here" - this wad when she went off sick.
She has now gone into work and made the complaint to her managers, this was a week ago, the manager has been spoken to but not suspended and my wife has sent another sick note in. She has told me she wants the redundancy as she is now concerned what he will tell the other employees (he is known to gossip) to defend himself, however she loved her job until this manager took over.
Is this constructive dismissal? What are our options?
My wife has worked for s company for 6/7 years initially f/t but p/t for the last few years after the birth if our son. She has always had an exemplary record.
Around the time ny wife was pregnant she had a new line manager. After returning to work after maternity leave she started to suffer from depression (this was assumed to be post-natal at the time bit now I believe otherwise) and was eventually signed off long-term sick. Prior to being signed off she told ne she was being treated differently to her colleagues (one example, she was reprimanded informally for something that she believes at least 8 other employees should have also been reprimanded but werent), and she made a complaint to her line managers manager, but apparently nothing was done.
Fast forwaRd to the present day, redundancies have been announced and my wife selected (no voluntary redundancies were offered). The redundancy wad based on a scoring criteria + an employees last annual review.
This is where it gets complicated for me. They have declined to use my wifes last review as it was 2 years ago (this years nor done because she requested another manager to review her due to the issues with her manager, and last years because for his own reasons her line manager just didn't get around to Doing it, despite being able to review most or all of the other members of the team) so the Statefarm they would "double" her score to compensate (scored by a manager who can only score by consulting the line manager in question).
One if the critferia being attendance for which she has been signed off for work related stress & declared to occ health instructed by her employer. After all this my wife broke down in tears and explained yhat the kibe manager has being making sexual comments to her, asking her to go out with him, and in one occasion pointing to his obvious erect bulge under his trousers and stating "i can't move, look what you've done to me".
When ny wife asked him to stop he said ok, but the very next day had a go at het over somthing silly stating "dont forget, I'm the obe who can nake your life difficult here" - this wad when she went off sick.
She has now gone into work and made the complaint to her managers, this was a week ago, the manager has been spoken to but not suspended and my wife has sent another sick note in. She has told me she wants the redundancy as she is now concerned what he will tell the other employees (he is known to gossip) to defend himself, however she loved her job until this manager took over.
Is this constructive dismissal? What are our options?
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