Bullied out a job
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Discussion

R8Steve

Original Poster:

4,150 posts

204 months

Saturday 5th January 2013
quotequote all
A good friend of mine has just phoned me and let me know that her manager at work has basically bullied her to the point of a panic attack and at that she handed in her notice.

I don't think the right thing to do was to hand in her notice before trying to deal with the problem through the proper channels but could anyone give some advice as to what she can do?

Does she have any rights now she has effectively quit or is there still something she can do?

sl350z

145 posts

165 months

Saturday 5th January 2013
quotequote all
R8Steve said:
A good friend of mine has just phoned me and let me know that her manager at work has basically bullied her to the point of a panic attack and at that she handed in her notice.

I don't think the right thing to do was to hand in her notice before trying to deal with the problem through the proper channels but could anyone give some advice as to what she can do?

Does she have any rights now she has effectively quit or is there still something she can do?
Pics?

crazy about cars

4,454 posts

198 months

Saturday 5th January 2013
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Does the company have a HR Department? Would be more helpful if you describe the "bullying". Does your friend have a history of panic attacks?

otherman

2,265 posts

194 months

Saturday 5th January 2013
quotequote all
Even though she's quit that doesn't stop her going to a tribunal for constructive dismissal

Countdown

49,272 posts

225 months

Saturday 5th January 2013
quotequote all
R8Steve said:
A good friend of mine has just phoned me and let me know that her manager at work has basically bullied her to the point of a panic attack and at that she handed in her notice.

I don't think the right thing to do was to hand in her notice before trying to deal with the problem through the proper channels but could anyone give some advice as to what she can do?

Does she have any rights now she has effectively quit or is there still something she can do?
Might be constructive dismissal?

http://www.findlaw.co.uk/law/employment/constructi...

Not her is it?

smile

phil-sti

2,975 posts

208 months

Saturday 5th January 2013
quotequote all
Constructive dismissal s so difficult to prove though.

R8Steve

Original Poster:

4,150 posts

204 months

Saturday 5th January 2013
quotequote all
It's a fairly small hotel group so I don't think it's got an HR department, the bullying basically has consisted of continual public degrading and putting her down, constant phone calls when she's not at work, always given the worst shifts on the rota, etc, etc. I will get the full story later and get her to write down everything that's happened up to now.

Glad to hear that constructive dismissal is still an option though, thanks for clarifying that

As for the pics request...hardly appropriate, try one of the 900 channels on sky - not sure there will be any devastated crying girls there though so you'll need to use your imagination rolleyes

Countdown

49,272 posts

225 months

Saturday 5th January 2013
quotequote all
R8Steve

Has she raised the issue of her manager's behaviour with HR or a senior manager? Has she made a record of the issues that she regards as bullying/harassment?

If she hasn't then it will be much harder for her to convince an ET.

Terminator X

20,478 posts

233 months

Saturday 5th January 2013
quotequote all
Forget it and move on to a better job imho, life is too short to faff around with tribunals etc.

TX.

Sir Bagalot

7,079 posts

210 months

Saturday 5th January 2013
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Always two sides to the story. I was accused of being abully by a member of my team. The reality was I asked her why did had done something a certain wayrolleyes

Constant phone calls at home? So why answer them?

Many years ago I had a boss who belittled me in public. I later told him in private that if he did it again I would simply walk away and ignore him.

Terminator X said:
Forget it and move on to a better job imho, life is too short to faff around with tribunals etc.
Good advice that

fridaypassion

11,457 posts

257 months

Saturday 5th January 2013
quotequote all
Sounds familiar. I have had this situation in my work (small company) in fact on and off over the years many many people who work(ed) there have. ACAS are very handy people to speak to I can heartily recommend giving them a call.

Its alright saying move on but thats something I could easily have done but faced with that situation I didnt see why I should be pushed out of a job that other than one or two prats I dont mind. Sounds like the OP's mate might have had the same situation? Would you tell your kid to give into the bullies? Feck that tackle the buggers head on!

Faced with a direct accusation of bullying my experience is that this is the last thing the bully wants to hear about themselves so reaction can be quite favorable.

Edited by fridaypassion on Saturday 5th January 21:59

anonymous-user

83 months

Saturday 5th January 2013
quotequote all
Your friend should at least seek some competent advice, as she might have a claim for constructive dismissal, and maybe other claims. Moving on might or might not be the right course. We don't have enough info to advise one way or the other at present. Was there any element of gender involved? Does your friend think that the boss would bully a male employee in the same way? Was any of the bullying sexual in nature? Note also that mental stress caused by work can sometimes give rise to a personal injury claim. As always, all depends on the specific facts, and general internet replies based on limited info are of limited value.

STW2010

5,918 posts

191 months

Sunday 6th January 2013
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sl350z said:
Pics?

sl350z

145 posts

165 months

Sunday 6th January 2013
quotequote all
STW2010 said:
ConTribution about as valuable as mine!!!

Spitfire2

1,968 posts

215 months

Sunday 6th January 2013
quotequote all
sl350z said:
STW2010 said:
ConTribution about as valuable as mine!!!
No. His contribution was a lot more valuable than yours - it was at least relevant by virtue of your prickish post.

sl350z

145 posts

165 months

Sunday 6th January 2013
quotequote all
Spitfire2 said:
No. His contribution was a lot more valuable than yours - it was at least relevant by virtue of your prickish post.
Love and kisses to you x

Pommygranite

14,466 posts

245 months

Monday 7th January 2013
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You're looking for a rational viewpoint for an irrational decision.

As soon as anyone on PH has themselves/their friend had grief at work we jump straight to legal avenues/constructive dismissal/suing thoughts before ascertaining what has actually happened and who is at fault.

Your friend may be 100% right and has been mistreated but could be 100% wrong, batst mental and a nightmare employee who deserves to be fired because she started the argument. There are 2 sides to every story - get them before making your next move.


R8Steve

Original Poster:

4,150 posts

204 months

Monday 7th January 2013
quotequote all
Thanks for the advice all, i do of course realise that there is always two sides to a story and i only have one of them.

Her boss is also female so there is no sexual nature to the bullying. The way she has described it is that her manager will go out her way whenever possible to belittle her and make her feel worthless. She has spoken about it before but i never thought it was bad as it seems to have been. To leave a job/income in such a manner i can only imagine it must have been pretty bad or at least seemed that way to her.

I am also of the opinion the best option is to move on and find another job that she is happy in. There's a few problems i think she will face as a result of this though -

Will she find another job soon, if so, how soon? She has no wages coming in now and the usual mortgage/car/associated bills going out so that's why i feel she shouldn't have handed her notice in just yet.

She will not be able to apply for JSA or any other support in the meantime due to her leaving her employment on her own accord - maybe someone could clarify this but i'm sure you can't.

How will future employers look on the reason for leaving her previous role? I would imagine when the reason for leaving your previous role this may raise a few eyebrows of any potential employers? The other problem may be when references are asked for and would she get a satisfactory one/get one at all given the circumstances?

Jasper Gilder

2,166 posts

302 months

Tuesday 8th January 2013
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A resignation made in the heat of the moment and later retracted is often not considered a resignation. ( A lady sales manager who walked after telling her MD to stick his job where the sun doesn't shine a few years ago won her case after her subsequent apology was not accepted)

She should contact her employer and ask for for a meeting to discuss the situation, apologise for her abrupt departure but explain the circumstances.

She should explain that if she is not reinstated she will consider herself to have been dismissed and her chances of winning at ET ( provided she has 2 years service) are high.

It's very likely that her boss will realise that she is a force to be reckoned with and reinstate her and very probably leave her alone whilst finding someone else to bully

Grenoble

59,296 posts

184 months

Wednesday 9th January 2013
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Amazing that some companies still exist....

http://www.telegraph.co.uk/news/uknews/law-and-ord...