Constructive Dismissal - Accusation of workplace affair.
Discussion
Man and lady in work place environment accused of having an affair. The man in question is married and a fair bit older, the lady in question is 18-19 years old.
There is NO terms in the contract in regards to workplace relationships - more importantly it's off the back of a rumor started by another member of staff - the management are aware of who started the rumor and have decided to side with this person - despite this member of staff being newer and in a entry level position compared to the 2 accused.
Management are not tackling the issue straight on, and have let the rumors etc. flow around the office, making it very awkward for the lady doing the job - Lie making it's way half way round the world before the truth has got it's trousers on!
As management are not stepping up to dissolve the situation, if the accused lady was to hand in a notice due to the working environment, would it be grounds for Constructive Dismissal due to the working environment and lack of management to prevent it spiraling out of control - the person in question has never had any issues or warning before either.
There is NO terms in the contract in regards to workplace relationships - more importantly it's off the back of a rumor started by another member of staff - the management are aware of who started the rumor and have decided to side with this person - despite this member of staff being newer and in a entry level position compared to the 2 accused.
Management are not tackling the issue straight on, and have let the rumors etc. flow around the office, making it very awkward for the lady doing the job - Lie making it's way half way round the world before the truth has got it's trousers on!
As management are not stepping up to dissolve the situation, if the accused lady was to hand in a notice due to the working environment, would it be grounds for Constructive Dismissal due to the working environment and lack of management to prevent it spiraling out of control - the person in question has never had any issues or warning before either.
Constructive dismissal is very difficult
She needs to put in a grievance first, use words such as bullying and slander.
If she goes the constructive dismissal route she just walks, no notice given. She has to do it quickly, then action a solicitor to take the company to court.
Constructive dismissal is hard, but it makes a great bargaining too, if you use it correctly, but once you've done that you cant then just 'walk' unless another 'straw that broke the camels back' happens.
She needs to put in a grievance first, use words such as bullying and slander.
If she goes the constructive dismissal route she just walks, no notice given. She has to do it quickly, then action a solicitor to take the company to court.
Constructive dismissal is hard, but it makes a great bargaining too, if you use it correctly, but once you've done that you cant then just 'walk' unless another 'straw that broke the camels back' happens.
Foliage said:
Constructive dismissal is very difficult
She needs to put in a grievance first, use words such as bullying and slander.
If she goes the constructive dismissal route she just walks, no notice given. She has to do it quickly, then action a solicitor to take the company to court.
Constructive dismissal is hard, but it makes a great bargaining too, if you use it correctly, but once you've done that you cant then just 'walk' unless another 'straw that broke the camels back' happens.
It's a hard one. She's loved the job up till this point and would really rather this would go away and might just wait to see if that happens. My worry is the management are not taking it head on, so the situation won't be diffused. It's been forwarded to HR who have told her to wait a while while they sort a few things - I'm wondering if they're doing this to stop a claim of constructive dismissal!She needs to put in a grievance first, use words such as bullying and slander.
If she goes the constructive dismissal route she just walks, no notice given. She has to do it quickly, then action a solicitor to take the company to court.
Constructive dismissal is hard, but it makes a great bargaining too, if you use it correctly, but once you've done that you cant then just 'walk' unless another 'straw that broke the camels back' happens.
How would the lady demonstrate the "Gossiping" and "not tackling the issue" what specific examples are they, or is it just opinion?
The company could argue the employee is being paranoid and even if people are chatting then the management cant tackle all gossip
As above the lady should raise an official grievance, that is logged, the company are then obliged to investigate and answer it
Realistically though even if the "management" did speak to everyone and told them to shut up the damage has been done if the people involved are thin skinned.
The company could argue the employee is being paranoid and even if people are chatting then the management cant tackle all gossip
As above the lady should raise an official grievance, that is logged, the company are then obliged to investigate and answer it
Realistically though even if the "management" did speak to everyone and told them to shut up the damage has been done if the people involved are thin skinned.
You've not actually said whether or not youthis chap and the woman are actually having an affair. If they are, it'd be hard to claim constructive dismissal.
As said before 'constructive' dismissal requires that the employer has actively done something to force the employee to resign. Not stopping staff talking to one another won't count.
As said before 'constructive' dismissal requires that the employer has actively done something to force the employee to resign. Not stopping staff talking to one another won't count.
JLC25 said:
Man and lady in work place environment accused of having an affair. The man in question is married and a fair bit older, the lady in question is 18-19 years old.
There is NO terms in the contract in regards to workplace relationships - more importantly it's off the back of a rumor started by another member of staff - the management are aware of who started the rumor and have decided to side with this person - despite this member of staff being newer and in a entry level position compared to the 2 accused.
Management are not tackling the issue straight on, and have let the rumors etc. flow around the office, making it very awkward for the lady doing the job - Lie making it's way half way round the world before the truth has got it's trousers on!
As management are not stepping up to dissolve the situation, if the accused lady was to hand in a notice due to the working environment, would it be grounds for Constructive Dismissal due to the working environment and lack of management to prevent it spiraling out of control - the person in question has never had any issues or warning before either.
How have management "sided" with this person?There is NO terms in the contract in regards to workplace relationships - more importantly it's off the back of a rumor started by another member of staff - the management are aware of who started the rumor and have decided to side with this person - despite this member of staff being newer and in a entry level position compared to the 2 accused.
Management are not tackling the issue straight on, and have let the rumors etc. flow around the office, making it very awkward for the lady doing the job - Lie making it's way half way round the world before the truth has got it's trousers on!
As management are not stepping up to dissolve the situation, if the accused lady was to hand in a notice due to the working environment, would it be grounds for Constructive Dismissal due to the working environment and lack of management to prevent it spiraling out of control - the person in question has never had any issues or warning before either.
In very simple terms - what would the lady like to happen and how does she want Management to achieve this?
Countdown said:
How have management "sided" with this person?
In very simple terms - what would the lady like to happen and how does she want Management to achieve this?
Management have stated to the people accuse that they believe what has been told to them and don't see what the person has to gain from starting the rumor.In very simple terms - what would the lady like to happen and how does she want Management to achieve this?
JLC25 said:
Countdown said:
How have management "sided" with this person?
In very simple terms - what would the lady like to happen and how does she want Management to achieve this?
Management have stated to the people accuse that they believe what has been told to them and don't see what the person has to gain from starting the rumor.In very simple terms - what would the lady like to happen and how does she want Management to achieve this?
If management say they don't believe the "rumour-creator" would that solve the issue? Admittedly I'm not an 18 year old girl but you get rumours of all kinds in workplaces. Nobody would come to work unless it was for the gossip and the casual leching.
I would think it's quite hard for management to do anything about general gossip. Doesn't she need to record specific instances / specific people and ask them to stop / escalate to management if they don't?
I'm assuming people are not literally nudging their colleagues and winking as she walks past so what specifically are they doing that she wants to stop?
I'm assuming people are not literally nudging their colleagues and winking as she walks past so what specifically are they doing that she wants to stop?
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