Constuctive dismissal under 12 months service

[jordychris]

I have been forced to leave my job after 10 months due to bullying and the threat of violence,over the past 3 months i have kept a log of the bullying but the last straw was the chargehand grabbed me slammed me against the wall and had to be pulled away by others, i reported this to my boss who took statments, others confirmed my story and the chargehand admitted it.A couple of days later my boss calls and says "all has been sorted i want you back the next day" my reply is "i cannot work with this guy again what are my other options" he hung up and i have not heard from him since.Can i call this constructive dismissal and take him to a tribunal.

Edited by jordychris on Friday 8th October 20:03

[okgo]

Try and form the above so people can read it, it would be much more usefull.

[Exoticaholic]

okgo said:

Try and form the above so people can read it, it would be much more usefull.

+1

[MonkeyHanger]

jordychris said:

I have been forced to leave my job after 10 months due to bullying and the threat of violence. Over the past 3 months i have kept a log of the bullying but the last straw was the chargehand grabbed me, slammed me against the wall and had to be pulled away by others.

I reported this to my boss who took statments. Others confirmed my story and the chargehand admitted it. A couple of days later my boss calls and says "all has been sorted i want you back the next day". My reply is "i cannot work with this guy again what are my other options". He hung up and i have not heard from him since.

Can i call this constructive dismissal and take him to a tribunal.

Report the Charghand to the Police for assault (you have witnesses) then grow a pair and go back to work. This is kid's playground stuff compared to what most people have seen at work.

[edc]

Short answer is no as you have no entitlement to constructive unfair dismissal. If the treatment you receive is as a result of some form of discrimination then you may have a case.

[whoami]

okgo said:

Try and form the above so people can read it, it would be much more usefull.

When pedantry goes wrong.

Priceless.

[Kermit power]

MonkeyHanger said:

Report the Charghand to the Police for assault (you have witnesses) then grow a pair and go back to work. This is kid's playground stuff compared to what most people have seen at work.

Blimey, I'm glad I don't work where you do! If I'm unusual in making it to the age of 40 without ever seeing any violence in the workplace, never mind being involved in any, then I'll just consider myself lucky!

[JimiGT]

Hi its hard to give you any advice without anymore details of the bullying. As I guess you know, judging from the title of the thread, you have no protection from unfair dismissal, and in turn constructive dismissal, before you have two years continuous service.

However if you believe the bullying you talk about has any basis in discrimination (age, sex, race, religion, disability, sexuality etc) then you may have some form of claim as there is no length of service requirement. As I say more details would be needed. Also as you may know the equality act 2006 came in last week so this changes things slightly, but only very very slightly despite what the daily mail reports.

My advice would be that unfortunately you probably don't have much of a case. Having said that there are plenty of places you can get free legal advice such as the CAB. Check the Law Society website as they often have details of places offering 'pro bono' advice. Your best course of action might be to phone your employer and try and talk rationally about your work problems.

Let me know if I can be of any more help

Edited by JimiGT on Saturday 9th October 13:35

[Flibble]

Kermit power said:

MonkeyHanger said:

Report the Charghand to the Police for assault (you have witnesses) then grow a pair and go back to work. This is kid's playground stuff compared to what most people have seen at work.

Blimey, I'm glad I don't work where you do! If I'm unusual in making it to the age of 40 without ever seeing any violence in the workplace, never mind being involved in any, then I'll just consider myself lucky!

Likewise, if someone assaulted me at work I would definitely not be going back, regardless of some chump on an internet forum calling me a coward.