Constructive dismissal query

[redsquirrel]

Basically I concur with what Spandex has said.
Sorry maomao hope you can get something

 

[Puddy_Tat]

but you'll still shit in her desk?

alternatively, strategically placed frozen prawns just before you leave?

 

[A380]

Less than two years service, problems begin before handing notice in but I was polite and said it was the commute. I have evidence of discrimination on the basis of my age and gender (as unlikely as that seems).

Under two years service ( in England and Wales) basically no employment rights save those to do with discrimination in relation to protected characteristics which start at day one.

So probably no luck.

 

[wemakeyousoundb]

It's very tempting as there are two other bullying complaints against her that I know of so it wouldn't be obvious who did it.

pretty sure they could DNA test those "presents" if they wanted to

 

[equationgirl]

Constructive dismissal is notoriously difficult to prove even with good evidence. At least you got a revolution of sorts.

I'd recommend the keeping of a work diary for your next role maomao . Can't be too careful.

 

[savoloysam]

Constructive dismissal is very hard to prove and the figure I heard was that only 17% of cases hold up in court.

I was having a lot of problems with my employer and put a grievance in claiming for a breach of the implied terms of contract as well as mental health discrimination and contacted a solicitor.

After this the relationship on all sides soured more (very complicated story that I won't and can't legally divulge on) and the company eventually settled out of court shortly before the first tribunal hearing.

 

[Sasaferrato]

This is it really. I was happy just to run away from the new dept head but am upset as I have been paid incorrectly for the third month in a row. Not looking for a payout, just looking to fling some shit around in the hope of being left alone.

Was your pay short? Illegal deduction could come into play here.

 

[StoneRoad]

pretty sure they could DNA test those "presents" if they wanted to

yeah, an alternative is to collect some of those bags of recycled dog food ...

{yes, I've thought about this more than once in the past 45 years - I've had to "work" with / for some nasty barstweards in the past}


seriously, CD claims are notoriously hard to prove - work diary, witnesses and real evidence that "you" have suffered some disadvantage by the actions - sometimes, I think the "bar" on this is set far too high, when compared to the proof / evidence required for other problems.

 

[Sasaferrato]

yeah, an alternative is to collect some of those bags of recycled dog food ...

{yes, I've thought about this more than once in the past 45 years - I've had to "work" with / for some nasty barstweards in the past}


seriously, CD claims are notoriously hard to prove - work diary, witnesses and real evidence that "you" have suffered some disadvantage by the actions - sometimes, I think the "bar" on this is set far too high, when compared to the proof / evidence required for other problems.

I was a PCS rep for seven years, and had a couple of cases where it was clearly CD. The problem was evidence, the evidence needed was not there, and normally it isn't. People don't know they will be in a CD situation, so don't document things.

One general point, all interactions should be by E-mail, create an audit trail. I always followed up conversations with an E-mail summary, and a read receipt.

 

[maomao]

I've already left anyway without making any claim. Despite evidence of discrimination I think it would be hard to claim anything meaningful as they basically prompted me to get a better job. Money has been sorted and I threw a sickie over my last two days of work to even things up a little (I did have a bad cold but I might have dragged myself in for nicer employers).

New place is promising so far, very calm and professional; I doubt I'll have the same kinds of problems there though I do always keep a diary anyway (not just for dirt on people). There were a month of back emails in my account when it was set up and one was an email from the boss encouraging everyone to be in a union and letting them know who the reps are so that's very encouraging.

 

[Puddy_Tat]

I've already left anyway without making any claim

but did you shit in her desk?

 

[maomao]

but did you shit in her desk?

Unfortunately only metaphorically.