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I feel I am being unfairly treated at work, I have kept a diary…

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I feel I am being...
I feel I am being unfairly treated at work, I have kept a diary for over 12 months. Do you recommend I see a lawyer for advice on whether it qualifies towards a constructive dismissal case? (I would prefer redundancy but due to my length of service will not be offered it)
Submitted: 6 years ago.Category: UK Law
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Answered in 9 minutes by:
6/1/2011
Solicitor: Jo C., Barrister replied 6 years ago
Jo C.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 70,924
Experience: Over 5 years in practice.
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Hi

Thank you for your question. I will try to help with this.

What do you think is happening that amounts to constructive dismissal?
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Customer reply replied 6 years ago
This is the tricky part, several things that have happened (i.e. desk being relocated to outide the goldfish bowl that is the HR office) are directed at the 3 of us in the team as a whole, job title changes without notice or discussion then being rescinded a month later, but my 2 colleagues are much younger and eager to progress whilst I am the opposite so I am the one who challenges things that are said or done. I was removed the management team last year despite it being company policy for one of us to represent our department on the team, 360 degree assessments were done on us and my feedback forms were given back to me without any discussion, being contacted by my now new manager when on leave and having to attend conference calls during my holiday, expected to travel on business on Sundays, hearing from a colleague that the HR manager was going through my filing cabinets to tidy up and commenting sarcastically in the open office that I should be working in the office and not at home (working at home flexibly is accepted practice), being questioned by my new manager about why I hadn't prepared sufficiently for our inaugural meeting despite being given the brief by the HR manager and following that brief. Many more small examples, but more of an attitude towards me and that is very difficult to quantify and provide evidence for.
Solicitor: Ben Jones, UK Lawyer replied 6 years ago
Ben Jones
Ben Jones, UK Lawyer
Category: UK Law
Satisfied Customers: 49,431
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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Hello, I have been asked to assist with your query. How long have you actually worked there for?
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Customer reply replied 6 years ago
since December 1987
Customer reply replied 6 years ago
Relist: I still need help.
I responded to the question how long I have worked in my current position. have you closed my question?
Solicitor: Jenny Mackenzie,
 replied 6 years ago
Jenny Mackenzie
Category: UK Law
Satisfied Customers: 6,428
Experience: Over 10 years experience in general legal matters
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Hi I can pick this up for you as I think my colleague is offline, I will just look at the post above and come back to you within the next 30 mins.
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Solicitor: Jenny Mackenzie,
 replied 6 years ago
Hello , have you raised a formal grievance already about the things that you mentioned above?
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Customer reply replied 6 years ago
No, I would only do that if I was confident I had a strong enough case. If it's considered that I have little evidence to support my case then I would rather keep my counsel and continue job hunting in the background
Solicitor: Jenny Mackenzie,
 replied 6 years ago
Ok thanks, XXXXX XXXXX you being older do you think your age has an impact on these comments ?
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Customer reply replied 6 years ago
possibly. Definitely my length of service. There is rumoured to be an active plan to rid the organisation of employees with long service, this has happened at several layers higher than myself already to senior managers and executives
Solicitor: Jenny Mackenzie,
 replied 6 years ago
Ok you have not raised your concerns formally yet but have you expressed informally that you have been unhappy about these things?
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Customer reply replied 6 years ago
No not in any way. The company does have the kind of culture to be able to do this without risking the consequences and I need to be in employment
Solicitor: Jenny Mackenzie,
 replied 6 years ago

Ok, in order for something to amount to constructive dismissal the treatment of the employee must be so bad that the employee has no alternative but to resign, in additon to this and this is key to your situation, you must have exhausted all internal procedures before resigning and submitting a claim.

 

This means that my advice to you is now to raise a grievance about the things that you have listed here. I fully understand your concerns about doing this. What I would say about that is that if the employer was to dismiss you as a result of this then it would amount to unfair dismissal in any event, so you would be no worse off. If you are made to resign for raising the grievance this will support your constructive dismissal claim.

 

Please remember to press ACCEPT I will then leave the question open to answer your follow on questions.

Jenny Mackenzie
Category: UK Law
Satisfied Customers: 6,428
Experience: Over 10 years experience in general legal matters
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Customer reply replied 6 years ago
If I were to request voluntary redundancy but be turned down, would that prejudice any potential grievance I may have ?
Solicitor: Jenny Mackenzie,
 replied 6 years ago

Hi if voluntary redundancy is a potential then you could accept it. If you do this and do not raise a grievance about your treatment at all then you will not succeed in a tribunal claim.

Jenny Mackenzie
Category: UK Law
Satisfied Customers: 6,428
Experience: Over 10 years experience in general legal matters
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Jenny Mackenzie and 87 other UK Law Specialists are ready to help you
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Customer reply replied 6 years ago
Redundancy would be my preference but is extremely unlikely as the company is not asking for voluntary redundancies and hasn't for a few years. I just want to check that if I may the request and be turned down it would not impact any grievance I then raise?
Solicitor: Jenny Mackenzie,
 replied 6 years ago
No it wouldn't at all.
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