Work stress for 5yrs, nothing done - constructive dismissal?
Discussion
carinatauk said:
Constructive dismissal can be complicated, and depending on the circumstances may not be the resolution you may be looking for.
Stress is complex and tbh the management team should be looking to understanding the reasons [I believe this sits under H&S].
Depending on the outcome of the meeting, which is not clear from your post OP, depends on your next move. Has there been a letter? What does it say?
Is your wife in the union? who was at the meeting? what was said? what was suggested? Is it bullying? work load? Trouble with all these things is that the instigator of the stress isn't the best person to find the solution and if this was the case then maybe a word in the ear of someone higher might resolve this.
If she wants out then a compromise is the best solution for both parties.
As above a compromise is the best outcome . Stress is complex and tbh the management team should be looking to understanding the reasons [I believe this sits under H&S].
Depending on the outcome of the meeting, which is not clear from your post OP, depends on your next move. Has there been a letter? What does it say?
Is your wife in the union? who was at the meeting? what was said? what was suggested? Is it bullying? work load? Trouble with all these things is that the instigator of the stress isn't the best person to find the solution and if this was the case then maybe a word in the ear of someone higher might resolve this.
If she wants out then a compromise is the best solution for both parties.
I have direct experience of this and a drawn out legal battle is a nasty and stressful business.
Constructive dismissal can be hard to prove and even if you win at trial your award will usually only be your earnings loss. So if you find a job prior to trial , and you have to prove you have tried to mitigate your loss, then that detracts from your award.
So net net you can end up with a legal bill that negates your award.
These days it's taken as read that both sides pat their own legal bill. Only in very rare cases are legal costs awarded.
By launching a claim, which has to be lodged through acas to start with, you have told them the gloves are off. It will then get nasty .
My advice based on actual experience , which I won incidentally via mediation, is get round the negotiating table and thrash out a deal and move on.
Best of luck
It is the usual PH thing, that PH is so big you cant post all or any details for fear of people on the other side viewing.
It could also become a legal issue, so therefore, divulging info could be derimental to the situation.
Finally, as part of an update, we & the union, are going for grevance on two different counts.
V.
It could also become a legal issue, so therefore, divulging info could be derimental to the situation.
Finally, as part of an update, we & the union, are going for grevance on two different counts.
V.
VEX said:
She loves the people in the division she works in, which is totally remote and independant of the other departments in London.
So if she could go back she would, but it is become apparent that that might not be a plauseable option.
Lets see what happens when things hit.
V.
If it's not plausible then what plausible outcome is she hoping for? So if she could go back she would, but it is become apparent that that might not be a plauseable option.
Lets see what happens when things hit.
V.
I am guessing, but the coy postings by the OP make this sounds to me like a classic whinge by someone who just can't hack it. Sadly, public sector employers are often wimpish and too often put up with such deadbeats, rather than sacking them.
All this "Please help me, but I can't tell you why I need help, because someone on PH might read it and dob me in" - what bilge!
All this "Please help me, but I can't tell you why I need help, because someone on PH might read it and dob me in" - what bilge!
Edited by anonymous-user on Friday 6th October 11:16
Breadvan72 said:
I am guessing, but the coy postings by the OP make this sounds to me like a classic whinge by someone who just can't hack it. Sadly, public sector employers are often wimpish and too often put up with such deadbeats, rather than sacking them.
All this "Please help me, but I can't tell you why I need help, because someone on PH might read it and dob me in" - what bilge!
Speak your mind, come on, don't hold back! All this "Please help me, but I can't tell you why I need help, because someone on PH might read it and dob me in" - what bilge!
Edited by Breadvan72 on Friday 6th October 11:16
We may or may not find out we'll have to see but (and is just my opinion not fact) that the public sector if it were taken over by private companies would need about half the staff they've got and many wouldn't survive in such an environment. Over staffed and over protected all IMHO. (And yes I know there are good hard working and talented folk amongst them!).
elanfan said:
We may or may not find out we'll have to see but (and is just my opinion not fact) that the public sector if it were taken over by private companies would need about half the staff they've got and many wouldn't survive in such an environment. Over staffed and over protected all IMHO. (And yes I know there are good hard working and talented folk amongst them!).
Certainly over protected in terms of job security versus performance yes. Plus pension security. I suspect if you ran an analysis of average length of service in PS for employees, versus any commercial firm there would be quite a delta. But on the other hand there are only a few individuals willing or able to freely move between the two...
BV - I think we should take care not to under estimate work place stress and its potential effects on mental health. We should by now have realised that even tough and highly resilient people can suffer mental illness through a variety of triggers. So I don't discount it. But I do like to see the word bilge in useage, so fair play for that.
It's the time frame that is the kicker for me, a re organisation five years ago is causing undue stress. I think on what I have personally been through in the last five years and well.... makes me wonder ! (employed, fired, employed, redundant, brought back on contract, made perm, promoted, changed roles three times in 18 months - business acquired, relocated to Switzerland through work etc etc...)
Fair to say I would view a team restructure as a pretty low level event !
Stress and mental illness are real, of course but, as you say, a reorganisation five years ago and the employee still off sick and complaining does rather make you wonder.
A serious point: if the employee already has fragile mental health, then suing for constructive dismissal is the last thing that they should be doing. People sometimes think that tribunal proceedings will bring them vindication, closure, even revenge, or perhaps healing. They don't bring any of those things.
A serious point: if the employee already has fragile mental health, then suing for constructive dismissal is the last thing that they should be doing. People sometimes think that tribunal proceedings will bring them vindication, closure, even revenge, or perhaps healing. They don't bring any of those things.
Edited by anonymous-user on Friday 6th October 20:12
Was interested in this until i got to 'Public Sector' and all sympathy went out of the window. I have contracted at a few and I have never been surrounded by such a whinging bunch of people in all of my working life.
My mum is ex public sector, great pension and benefits etc, but used to complain about being understaffed and busy, never did any more than her required hours without them going in the TOIL book. It's another world!!
An ex boss of the girlfriend would bin perspective applicants CV's if they applied for a position as they were too much hard work lazy and usually clueless about the demands of a real job.
My mum is ex public sector, great pension and benefits etc, but used to complain about being understaffed and busy, never did any more than her required hours without them going in the TOIL book. It's another world!!
An ex boss of the girlfriend would bin perspective applicants CV's if they applied for a position as they were too much hard work lazy and usually clueless about the demands of a real job.
steveball said:
Was interested in this until i got to 'Public Sector' and all sympathy went out of the window. I have contracted at a few and I have never been surrounded by such a whinging bunch of people in all of my working life.
My mum is ex public sector, great pension and benefits etc, but used to complain about being understaffed and busy, never did any more than her required hours without them going in the TOIL book. It's another world!!
An ex boss of the girlfriend would bin perspective applicants CV's if they applied for a position as they were too much hard work lazy and usually clueless about the demands of a real job.
I contract for 2 public bodies and one is very receptive to what we are providing but the other fMy mum is ex public sector, great pension and benefits etc, but used to complain about being understaffed and busy, never did any more than her required hours without them going in the TOIL book. It's another world!!
An ex boss of the girlfriend would bin perspective applicants CV's if they applied for a position as they were too much hard work lazy and usually clueless about the demands of a real job.
k me....So I get what you are saying and seeing and I contracted for councils as well. Councils are the worse I have ever had the misfortune to work for. The Police and other agencies are better it seems or at least the ones I have contracted for.
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