Constructive dismissal question
Discussion
Chaps, bit of a strange position I find myself in.
Years back I quit the rat race after being fed up with the constant politics and associated behaviour of people that could adversely affect the quality of life and yet now I find myself back in that position.
About a year ago I returned to staff employment as part of a senior management team (not a powerfully built director). My skills were in demand for this global organisation and within the past year I've manged to transform the underpinning systems with great feedback and demonstrable improvement. The work I do is not at question but there is an issue that's started to rear its ugly head.
Without warning or any explanation I find myself having access to systems critical to perform my duties have been removed, publicly I've been shouted down in front of my staff and colleagues being told I am wrong over legal matters (I'm here as the subject expert, I know I'm not wrong but accept when I am) and started to be belittled during strategy meetings.
No one is perfect but I have the support of my team, my colleagues and the wider business and yet the director responsible for the area I work for (whom has no background in my area) has started to take this approach. Its a strange position to find myself in as my long work history and past clients (and employers) all seem to present a view to me that my work has delivered beyond expectation and yet here I am being made to doubt myself. I've tried to talk about this but it returns back with yet more derision, often in front of the team.
I feel that when we are wrong, or rather, the business accepts the advice but wishes to ignore it, that this shouldn't be a case of shouting I'm repeatedly wrong in front of subordinates and certainly I should be given a chance to put forward my challenge to an incorrect assumption.
I've spoken to HR who have advised to take some time off to destress myself and that they will support a formal complaint if necessary. I certainly don't wish to leave the company as its a great opportunity and yet being regularly undermined in public and having access suddenly removed, its effectively preventing me from doing my job - other areas of the business are reliant on me to deliver to them but if I tell them I cannot because my access has been removed this will only play out poorly and impact my ability to advise and influence them.
Other issues that have occurred is that decisions have been made which will impact the security of the business without discussion with me, these decisions directly impact the area I am responsible for and am the sole SME within the organisation.
I find it odd to be seeking this advice as ordinarily I'm helping others that face similar yet here I am, wondering what is going on. I certainly feel significantly undermined and worried about my position and yet I've had no negative feedback from anywhere else (not even in reviews).
The next steps are to discuss potentially moving my role into another area of the business (which makes sense as its in the wrong reporting chain) but evidence shows that people can go from hero to zero in a blink of an eye and be pushed out.
I'm not looking to pursue the constructive dismissal part unless I absolutely need to but does this sound plausible?
Thanks
Years back I quit the rat race after being fed up with the constant politics and associated behaviour of people that could adversely affect the quality of life and yet now I find myself back in that position.
About a year ago I returned to staff employment as part of a senior management team (not a powerfully built director). My skills were in demand for this global organisation and within the past year I've manged to transform the underpinning systems with great feedback and demonstrable improvement. The work I do is not at question but there is an issue that's started to rear its ugly head.
Without warning or any explanation I find myself having access to systems critical to perform my duties have been removed, publicly I've been shouted down in front of my staff and colleagues being told I am wrong over legal matters (I'm here as the subject expert, I know I'm not wrong but accept when I am) and started to be belittled during strategy meetings.
No one is perfect but I have the support of my team, my colleagues and the wider business and yet the director responsible for the area I work for (whom has no background in my area) has started to take this approach. Its a strange position to find myself in as my long work history and past clients (and employers) all seem to present a view to me that my work has delivered beyond expectation and yet here I am being made to doubt myself. I've tried to talk about this but it returns back with yet more derision, often in front of the team.
I feel that when we are wrong, or rather, the business accepts the advice but wishes to ignore it, that this shouldn't be a case of shouting I'm repeatedly wrong in front of subordinates and certainly I should be given a chance to put forward my challenge to an incorrect assumption.
I've spoken to HR who have advised to take some time off to destress myself and that they will support a formal complaint if necessary. I certainly don't wish to leave the company as its a great opportunity and yet being regularly undermined in public and having access suddenly removed, its effectively preventing me from doing my job - other areas of the business are reliant on me to deliver to them but if I tell them I cannot because my access has been removed this will only play out poorly and impact my ability to advise and influence them.
Other issues that have occurred is that decisions have been made which will impact the security of the business without discussion with me, these decisions directly impact the area I am responsible for and am the sole SME within the organisation.
I find it odd to be seeking this advice as ordinarily I'm helping others that face similar yet here I am, wondering what is going on. I certainly feel significantly undermined and worried about my position and yet I've had no negative feedback from anywhere else (not even in reviews).
The next steps are to discuss potentially moving my role into another area of the business (which makes sense as its in the wrong reporting chain) but evidence shows that people can go from hero to zero in a blink of an eye and be pushed out.
I'm not looking to pursue the constructive dismissal part unless I absolutely need to but does this sound plausible?
Thanks
That sounds like a very difficult situation. Unfortunately I don’t think it would be classed as constructive dismissal yet. From what you say there is basically ONE person who is making your life difficult, everybody else values you and supports you. So you can
1. Have an informal chat with him.
2. Have an informal chat with his Manager.
3. Raise a grievance with HR
Some more info here
Btw when you say “HR will support your claim” what I think they meant is that they will ensure you have the proper support that they’re obliged to provide to ALL employees. They definitely won’t be taking sides in the matter. They will just try to make the problem go away, one way or another.
1. Have an informal chat with him.
2. Have an informal chat with his Manager.
3. Raise a grievance with HR
Some more info here
Btw when you say “HR will support your claim” what I think they meant is that they will ensure you have the proper support that they’re obliged to provide to ALL employees. They definitely won’t be taking sides in the matter. They will just try to make the problem go away, one way or another.
Thanks and that echoes what hr have said, they definitely aren't taking sides.
It's a strange feeling, one person can have such an effect. There's a history with other staff where they ended up leaving, I'm not keen on the informal route as there's no official record and yet feel bad if it goes formal as that will certainly make matters worse (even though it shouldnt)
It's a strange feeling, one person can have such an effect. There's a history with other staff where they ended up leaving, I'm not keen on the informal route as there's no official record and yet feel bad if it goes formal as that will certainly make matters worse (even though it shouldnt)
Jasandjules said:
Constructive dismissal is very difficult to win. If you wish to consider this route (or even any form of exit) speak to an employment lawyer.
Already on that case as a precaution, I'm not looking for any dismissal but the recent actions of one have effectively left me incapacitated work wise. Hopefully can be resolved as adults but its a sickening position to find yourself in, no matter what age or experience.George Smiley said:
I disagree, if someone's active in doing this then there has to be recourse, I have sought some legal advice and if push comes to shove a firm is willing to take it on (obviously it has to go a bit further)
What do you disagree with, the time period for protection under ERA or what?ETA: If as understand the above, you mean that a lawyer as agreed to run your case, I'd be interested how it would be run. I can't see how automatic unfair dismissal could run with less that two years service. That said, some lawyers will take on anything. ET's are horrible and don't often provide decent a remedy very. It can also screw up future employment prospects, but maybe that wouldn't bother you.
Edited by IanA2 on Saturday 2nd March 19:05
alfie2244 said:
George Smiley said:
I disagree, if someone's active in doing this then there has to be recourse, I have sought some legal advice and if push comes to shove a firm is willing to take it on (obviously it has to go a bit further)
Breadvan may be your man on here IIRC.George Smiley said:
I disagree, if someone's active in doing this then there has to be recourse, I have sought some legal advice and if push comes to shove a firm is willing to take it on (obviously it has to go a bit further)
You would want to speak an employment lawyer to see if there was a whistle blowing element to the conduct in question perhaps.If the director is demonstrably wrong in his opinions then demonstrate publically that he’s wrong. It’ll show him up and prove he’s incompetent. Maybe you can get some back up to your opinions. Hopefully more senior management will take note. A business cannot surely take wrongful advice
Well things have taken a strange turn, not for the better.
Last week I resigned following all that was happening, now on the standard 3 month notice period.
Today I come in and find access to everything (bar email) has been removed without any notice or explanation. No behaviour exhibited to suggest I would be a risk and precedence in the past of other leavers retaining full access to do their job until their last working day.
This is sounding a little bit s
tty to me, surely there is something to go on here
Last week I resigned following all that was happening, now on the standard 3 month notice period.
Today I come in and find access to everything (bar email) has been removed without any notice or explanation. No behaviour exhibited to suggest I would be a risk and precedence in the past of other leavers retaining full access to do their job until their last working day.
This is sounding a little bit s
tty to me, surely there is something to go on hereGeorge Smiley said:
Well things have taken a strange turn, not for the better.
Last week I resigned following all that was happening, now on the standard 3 month notice period.
Today I come in and find access to everything (bar email) has been removed without any notice or explanation. No behaviour exhibited to suggest I would be a risk and precedence in the past of other leavers retaining full access to do their job until their last working day.
This is sounding a little bit stty to me, surely there is something to go on here
Any mention of garden leave at this stage, seems pretty pointless you being there if you can’t do your job?Last week I resigned following all that was happening, now on the standard 3 month notice period.
Today I come in and find access to everything (bar email) has been removed without any notice or explanation. No behaviour exhibited to suggest I would be a risk and precedence in the past of other leavers retaining full access to do their job until their last working day.
This is sounding a little bit s
tty to me, surely there is something to go on hereGeorge Smiley said:
Well things have taken a strange turn, not for the better.
Last week I resigned following all that was happening, now on the standard 3 month notice period.
Today I come in and find access to everything (bar email) has been removed without any notice or explanation. No behaviour exhibited to suggest I would be a risk and precedence in the past of other leavers retaining full access to do their job until their last working day.
This is sounding a little bit stty to me, surely there is something to go on here
Another visit to HR? If you are unable to fulfil your role due to access to information/documentation being removed then you are effectively being prevented from working. Might as well go on gardening leave for the three months.Last week I resigned following all that was happening, now on the standard 3 month notice period.
Today I come in and find access to everything (bar email) has been removed without any notice or explanation. No behaviour exhibited to suggest I would be a risk and precedence in the past of other leavers retaining full access to do their job until their last working day.
This is sounding a little bit s
tty to me, surely there is something to go on hereGassing Station | Jobs & Employment Matters | Top of Page | What's New | My Stuff