Constructive Dismissal Help & Advice

[syvonne]

Hi all,

Brand new to the forum ...

Have found myself in a nightmare situation and would be grateful of any advice whatsoever.

Basically, 26 years ago I started working for an ex boyfriend who owned a hair salon, my job role was salon manager. for the first few years he attempted to rekindle the relationship and I realised that he had a hidden agenda for offering me said job, however I was very clear that I was no longer interested that way and he finally accepted this and the relationship became solely a working one. he has always been a very overbearing and controlling man, and several times he would slander my name to surrounding shop owners and friends about me, and how without him the business would fail completely, several times I was reduced to tears through his reprimanding of me and criticism of my job, but I simply put up with this as the job itself and my clients were good, it was not always comfortable and I started looking elsewhere, but he then took a job abroad and from then on it obviously got a lot easier for me.

In 2008 I had been with the salon 18 odd years and was given 25% shares of the business and made a director (mainly because he had been out of the country for so long and I was running it, even to the point of signing tax return submissions etc). However in 2014 I met someone and started a relationship and at that point his behavior changed drastically, he started threatening my employment, stating that he could veto any employer regardless of shares or what he called "Junior Directorship" ... yet on companies house I was listed as "Director" !!??

In the following 18 months it just got worse, he admitted to my parents that he took a job back in this country so that he could be close and keep an eye on me and my new relationship, then in February 2015 totally out of the blue he sent me an email stating he was on his way to the accountants to close the business down permanently !! ... he never followed through with this.

He then blocked my access to the business account, removed all my privileges, I couldn't buy stock, or anything.

He then removed me as Director.

The stresses I was feeling on a day to day basis were awful, we were not speaking or communicating at all in person other than email, the job had become a nightmare.

My partner who I had now been with for over 2 years suggested that I open my own salon and get out, we started looking and finally found somewhere and with a loan from him I was able to get out and start my own salon, which has been in operation now for 7 weeks, all my clients have come with me which has caused great annoyance to him.

I have been told by my accountant friend that I should look into a "Constructive Dismissal" claim against him based on the bullying, harassment, threat of job termination, removal of directorship, privileges etc ...

Also, since 2008 I have never received ANY Directors dividends, or ANY shareholders funds whatsoever ... I would love any advice regarding this also.

I currently still have the 25% shares which is also of great annoyance to him.

Sorry for the long winded post, but I know that info is required for you to give advice ...

Many thanks.

[charitynjw]

Re: Constructive Dismissal Help & Advice

Hi syvonne

When did you terminate your employment?

[syvonne]

Re: Constructive Dismissal Help & Advice

I left 7 weeks ago, I stated in my resignation email that his actions had made it impossible for me to do my job.

He replied stating :

"I understand why you have left, I gave you no choice"

[charitynjw]

Re: Constructive Dismissal Help & Advice

Generally, you have 3 months (less one day) to start an ET claim for unfair dismissal. (Constructive dismissal is a type of unfair dismissal
& the fees are quite high).

If I may ask, what are you hoping to achieve?
Just recovering monies due but not paid, or something else?
I ask because constructive dismissal claims are notoriously difficult to win.

[Sangie595]

Re: Constructive Dismissal Help & Advice

Generally, you have 3 months (less one day) to start an ET claim for unfair dismissal. (Constructive dismissal is a type of unfair dismissal
& the fees are quite high).

If I may ask, what are you hoping to achieve?
Just recovering monies due but not paid, or something else?
I ask because constructive dismissal claims are notoriously difficult to win.

I agree. And there is nothing to "win" here. You left to set up your own business, which means that you have no clear losses. Anything to do with the directorship is between the two of you - nothing to do with an employment tribunal. If you allege he owes you money then that is a matter of debt - toy would have to prove he owes you that money and then deal with it as any other debt.

As far as constructive dismissal goes, you appear to have accepted ask this behavior without protest. Then left. So I am sorry, but I see no prospect of any claim being successful, and even in the remote chance it were, it would probably cost you more than you could obtain in an award.