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Employment law and define constructive dismissal for me


Zebra

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I'm having trouble at work again (had loads during maternity leave, not been back long!).

My manager has made changes to my job and has altered plans I made (the planning come under my job description and does not require her authorisation).

All my previous team are gone, for various reasons, but she only told me today in a meeting, despite me asking for occasional digests of important onfo via e-mail whilst I was on leave.

I've worked from home doing part of my job since I started it, the planning, the phone calls and so on, easy stuff, plus all the pc work. Today she tells me I should be doing it in the office and practically insisted. Since a good chunk of my salalried hours include goin out buying equipment or meeting clients it's pointless to sit in an office for short time then go out. It's never been a problem before but suddenly she wants to 'micromanage' me. I think she is suggesting that my home hours are unjustified too. She's also asked me to take on extra duties - which means extra hours although I know she won't want to pay me for that.

I left the meeting wanting to resign. I was dreading going back because of her. I love my job but I don't think I'll be happy doing it anymore. I'm miserable now and I've only spent 2 hours with her :(

There's a lot more to it but that's some of the basics.

My partner says she's trying to get rid of me, he says I should sue for constructive dismissal and that I should get advice so I spoke to ACAS for a little while today but I don't really feel any wiser.

But they did say that if I'm considering leaving I should seek a solicitors advice straight away.

What do you think?

And - would I still get tax credits if my partner works but I don't? I could seriously just leave and wait until something new comes up rather than suffer until I can get something better but the finances are tight so I need to know if tc would go on?

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i can sympathise with some of your feelings at the moment.

are you in sales?

unfortunately when i went down a similar route i was told that i could do very little.

basically unless you job description is cast in stone,changes to working practice need to be consulted on & then advised on.they cant force you to do additional unpaid hours.

i was "forced" to drive from sheff to leeds for 8am,do 45 minutes paperwork & account checking before driving either up or down the m1 to start seeing clients,then return at 4pm every day before finishing work @ 5pm.to drive back to sheff.

it wasn't personal at the time - but the standard company practice that had been driven by people micromanaging & getting jealous at some of the work from home practices.

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No, not in sales, childcare.

I think we've got a bad case of too many chiefs.

They ought to be grateful IMO, I don't have to do some of the work, my job description was very prescriptive but I did more whilst we didn't have a manager and took on more when changes were made to our client structure.

I manage my own team (or did but they've all gone and as yet are mostly unreplaced) so I don't need all this hassle, I've got plenty to do and I work to a generous but very strict deadline. I've got 6 weeks to do all the planning, booking, costing, purchasing and so on and still have time to attend interviews for new candidates, undertake training to update certain skills and then deliver the whole thing.

I feel it IS personal with her, I've already hauled her infront of the senior manager for harrassing me on matenrity leave and she wants more hours herself. I imagine by doing my job and hers she would be happy!

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I would definately speak to a solicitor before you do anything. Claims for constructive dismissal can take months, even years to sort out, and in the meantime it can make it very difficult for you to get another job. It sounds like your job has changed while you have been on maternity leave and that they are treating you differently from before simply because you have been on maternity leave. If you can prove that they are doing this (e.g. evidence from how you were managed before mat leave compared to now) then this could amount to direct sex discrimination. A warning though - you should exhaust the company's grievance procedures before taking any legal action otherwise it will lead to an automatic reduction to any compensation awarded to you (anything from 10-50%). You can however take out a grievance immediately after leaving the company.

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Thanks for all that. I fully intend to exhaust the grievance procedure first. The only trouble there is that the senior manager supports all his immediate managerial staff preferentially (no matter what) to all other staff. (I'm 3rd down in a line of excess chiefs!)

He also has this way of trying to calm it all down and brush it over rather than deal with it honestly and takes a hard view of anyone who isn't convinced by his approach.

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Collect as much evidence as you can, keep a diary of incidents, get evidence of working patterns, supervision patterns, etc, before and after your mat leave, anthing you can to prove they are treating you differently now than before.

 

Also, are you in a union? It might be worth joining if you aren't. They can provide valuable support through the company stages of a grievance procedure when you won't be allowed to be accompanied by a solicitor. And even if you have an idiot manager who can't see what is happening you will have the right to appeal and the appeal should go above him. If all else still fails then start legal action.

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Thanks for all that. I fully intend to exhaust the grievance procedure first. The only trouble there is that the senior manager supports all his immediate managerial staff preferentially (no matter what) to all other staff. (I'm 3rd down in a line of excess chiefs!)

He also has this way of trying to calm it all down and brush it over rather than deal with it honestly and takes a hard view of anyone who isn't convinced by his approach.

 

Following the formal grievance process was going to be my advice.

If you aren't happy with how it is dealt with when you first make a complaint, is there an appeals channel to an alternate manager?

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Not really Cyclone, there's my manager, the overall site manager and our chair of the committee type person. But she basically sits in the senior manager pocket anyway.

I may look into joining a Union.

I know I'm unhappy about it all and I know some bits are 'not right' I just can't decipher if it's a legal issue or not. I just feel petty but that the ethos of the place I work - kind of chip in and chin up and if you don't like it, never mind eh!

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