Employment legal advice required, pls. Please.

Employment legal advice required, pls. Please.

Author
Discussion

workhelppls

Original Poster:

2 posts

117 months

Tuesday 29th July 2014
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Dear all,

Regular member here.

Little point in going to much detail at this stage, but:

I have worked for my current firm for the last 3.5yrs.

Very successful period. Growth 1000%+ in time I have been there (my account).
> GBP10m profit booked over that time.
Promotions, salary doubled, 50% bonus average per year.
Unblemished record, exemplary annual reviews, six days sick in period.

Line manager has become increasingly irrational, classic threatened behaviour. Despite having recruited me. Known for being horrendously short fused and angry. Culminated in my receiving a shocking phone call on Friday morning when I called in sick (left message with colleague as he wasn't yet in). I mean just outrageous.

Here's the nub. I have six months notice, 2nd half of 2 accrued bonuses totalling GBP125k which I will lose if I resign. Also my prorata bonus for this year (due April) will be GBP70k (am 7/8ths of way to target for 2014). There may be some long term incentives too. Need to check paperwork).

A lot to lose financially. I can get another job very easily, leaving doesn't worry me.

I am confident that the behaviour of my boss over time and also on Friday constitutes bullying/harassment and I want to leverage this to have them pay me off all outstanding bonuses and notice. Remember this is not some compo, this is money I have earned.

Can someone please recommend me a solicitor with a demonstrable track record in dealing with cases of this nature? I need to act swiftly.

If it helps to be local, I am in EC3. Might also indicate my industry.

Thanks for reading.

southendpier

5,254 posts

229 months

Tuesday 29th July 2014
quotequote all
One phone call? Were you pulling a sicky? Money etc mean doesn't mean anything you work your contracted roll and they treat you the same.

Put a complaint in writing to a Director. Sit down, discuss like adults. Address issues on both sides.

It sounds like a good job be silly to throw in the towel.


HenryJM

6,315 posts

129 months

Tuesday 29th July 2014
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Broadly speaking there are two routes, the grievance procedure or leaving and claiming constructive dismissal. OK, there are two other routes - find another job and leave or live with it.

Of those constructive is only an option if the employers action was so severe that you couldn't go on working there and could prove it. The onus of proof is on you and it does need to have been something so severe that you really couldn't go on working there. Most constructive claims in my experience, fail at tribunal.


ben5732

763 posts

156 months

Tuesday 29th July 2014
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For constructive dismissal make sure you write down everything that happens with a time and date from now on to cover your own back if it goes to court. My dad went through this and it was an extremely long drawn out process. The company ended up opting for a out of court settlement of a significant amount (6x his salary) to avoid it going public. It wasn't a pleasant few years for him or our family though as the stress really took its toll on him. If you do go down that route I wish you the best of luck.

essayer

9,056 posts

194 months

Tuesday 29th July 2014
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Do you have the message from Friday saved and witnessed?


HenryJM

6,315 posts

129 months

Tuesday 29th July 2014
quotequote all
Breadvan72 has posted names of a few people in the past, given that he is a barrister who does employment it's worth looking through his history unless he posts again.

anonymous-user

54 months

Tuesday 29th July 2014
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I recommend Merielle Schindler at Withers, Catherine Taylor or Dan Aherne at Olswang and Clive Hyer at Rosenblatt. None are cheap, but for this sort of thing cheap is not want you need.

workhelppls

Original Poster:

2 posts

117 months

Tuesday 29th July 2014
quotequote all
Have got in touch with Olswang. Unfortunately both Catherine and Dan are on leave, but am talking to another partner tomorrow hopefully.

I mentioned your referral.

Thanks all. I'll update / ask some more Qs on this topic tomorrow.

davepoth

29,395 posts

199 months

Tuesday 29th July 2014
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Unless your line manager is the top dog, is there anyone else you can approach within the company?

southendpier

5,254 posts

229 months

Tuesday 29th July 2014
quotequote all
davepoth said:
Unless your line manager is the top dog, is there anyone else you can approach within the company?
this.

As I mentioned earlier just take it up the line. Then HR following the grievance procedure. If it doesn't work out pay a lawyer.

You mention months of irrational behaviour. Have isues been mentioned before?

Why take your employer to court over the behavior of a line manager?

Utterley mental.