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Constructive Dismissal

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  • Constructive Dismissal

    Hello

    I wanted people's opinion on whether or not they think I might have a case for constructive dismissal. At the very least, I feel like writing to my union and telling them what has happened.

    Basically, I have been off work for a year and was accused of writing comments on my Face Book page that I did not. However, the whole investigation was based on the comments written - however, in the end, management decided I was not responsible for the more risky comments and even those investigating the incident said it was not me but "them," referring to two women who were involved in this conversation - I got a first warning because of this because I was seen to have gone along with the conversation. Also, the initial investigative into whether or not I could have been seen to have done this was very vague, as documented in communications between personnel where I worked - the outcome was not based on tangible evidence, just theory. Furthermore, I don't believe I was given a fair deal by anyone at work because they all assumed I was guilty when this happened and took the side of the victim, who herself had actually subjected me to incidents, some deemed to be sexual harassment, such as telling me I wasn't good enough to go out with and undermining me as a man in the office (e.g. condescending behaviour), as well as showing me up at the Christmas function that year - to her it was a joke as she didn't realise, as anyone else, that I had feelings, too. She basically got in first and tried to make out that she was the victim in all of this.

    Nevertheless, the investigation aside, I do feel badly about how all this ended, as people in my workplace know my character and would never knowingly offend anyone, let alone do anything worse than that, in such a way, which upset me.

    Since then, I had major stress issues where I could hardly leave my bed and had problems with my breathing, especially, as it was psychologically based. Eventually, I found the courage to remove myself from my bed and thanks to cognitive therapy, gradually got my life back on track. I went back briefly last year in February and was placed in another department, which was out of my comfort zone, since it placed me in an environment without access to amenities which I needed. I then suffered further panic attacks and was off work due to further stress and illness with a Fistula. In July, I went back and was placed back in a supervisory position (one which my mother believes was not a good idea as when you return from long term sick, you shouldn't be placed in situations which could warrant high levels of stress - I had a lot of stress upon my return, from one colleague in particular). I had surgery in July, due to my illness.

    In January, I returned to work and when I returned, it was not like I was welcomed back with open arms and by this, I mean, they did not say that I was missed or that I was valued as an employee. Instead, I was placed back in the same office I was before, a high stress job, where the hours were reduced, to be gradually built up again over time. Nevertheless, it was suggested upon my return that I be given lighter duties and possibly different roles, to support my return. Instead, I was back in the same office, dealing with stressful situations and with colleagues who treated me like rubbish and didn't rehabilitate my return to work - e.g. make it easy for me to fit back in without incident. I dreaded going in each day, knowing what petty things they'd be getting at me about. Knowing I had been off a year, I received a 10 minute re-induction training package and then expected to remember everything again as if nothing had happened. Then, for every little, minute thing that went wrong, I was being nitpicked for it, which made me feel even worse than before, not helping me to get back into the job.

    Also, I felt that taking on the duties of a supervisory role again for so long were of no benefit to me as I had done this twice before and the recompense for it stopped when I had an obnoxious manager a few years ago, so I would not have received any financial reward for it. Its OK in my opinion to take on a role for a short time, but for that amount of time, not knowing for certain when a new person would be placed in charge, went a long way to making my decision for me, as well as difficult working conditions, which made the job intolerable and management who didn't want to acknowledge the lack of issues within the department, rather saying we should all work together to meet the goals of the organisation, not taking into account the issues which were noticeably evident. I don't feel I was really given a fair crack of the whip when I went back and because of this, I left and I feel aggrieved, yet at the same time, relieved I have left, but I still feel very biter about the way it all happened.

    I've checked information online and I'm not sure that work complied in every element of the respects of my return to work and because of this, I am going to lose income. I fully appreciate I made the decision to resign, but in the end, I even told my line manager I felt I had little choice and their response was, it was up to me. I wasn't even given a counter offer, which I consider a personal insult, considering all the hard work I had put into the company over the years and without much reward.

    Please let me know your opinion and as I say, I am inclined to write to the union, as the way I see it, they didn't follow the return to work procedure with enough care and I think this is grounds for further investigation.

    Thank you,
    rtbm
    Tags: None

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