Grounds for constructive dismissal?

[Goochie]

A friend of my wife was afetr some advice and for some reason she seems to think I know everything about anything! However, I'm not sure on this one so I'm going to ask the PH "experts"

She has been working as a receptionist in a small partnership that employs about 15 women and 2 men. She is about the only one tin the place who is ahppy to do things that others would see as being "not in their job description", often works extra hours for no extra money and covers other people's weekend shifts at very short notice.

From what I'm told she is one of the hardest working people in the place but is also the kind of person who you could say wears their heart on their sleeve.

She has been there for 4 years but in the recent months, a few people at her level have left and some new faces have come in. There seems to have been a bit of a tide change and from what I gather, the place has gone from being a nice friendly working environment to a nasty gossipy b*tchy one.

Not being one for this kind of thing, she has tried to keep herself at a distance from it but this has resulted in her feeling alienated both socially and during the course of her job.

A month or so ago she spoke to one of the partners about it who said he would try to improve things but nothing changed.

It has got to the poiint now when she cant do her job because the other women wont answer the phone if they see her number on the screen, they wont pick up a ringing phone if she's on another call and they're free etc.

Today she had another word with a different partner who said he would discuss it with the other partner, but she doesnt hold out any hope for improvment.

She spent the last hour on the phone crying to my wife and despite her (my wife) trying to reassure her, it looks as though she'll be handing in her notice as she just cant take it any more.

If this were happening at a school it could only be described as bullying.

The problem is then that she's unlikely to get another job in this area given the current climate - leaving her with a loan to pay(just a couple of thousand), not to mention the drop in their household income making things difficult for the mortgage etc - Her husband is also on a low income.

Given this is all second hand information, do you think there are grounds for constructive dismissal here?

Edited by Goochie on Thursday 5th November 15:13

[Dupont666]

Correct me if Im wrong.... she is the one quiting because the work space just changed from easy and friend to not so???

How does she think she will claim for it?

"the people are all rude at work cause they wont answer the phone when Im on the phone"

and

"If they see my number on the screen they wont answer the phone"

Are they bhing about her behind her back? Not that she can prove it?

And now she is claiming its not the place it was Im leaving.... now give me compensation for people leaving and nasty people coming in???

What would you do if it was your company and the nasty people took little notice when they were asked to be nice to the admin girl/women??? and then she demanded compensation due to her quitting down to the nasty folk?

I would say man up, but in this case FFS... this is why I hate working with women that seem mentally unstable!! Work gets hard or difficult (work wise or the people do) cry to the management/friend on the phone....

It really pisses me off (sorry OP) but the amount of times I had to tip toe round the females in my old office as to not make them cry was unreal.... They dont like the hard work/do something wrong... Its ok they are female, lets take it easy on them!! fk off!! they cant stick it then look else where!!

Sorry OP probably not what you want to hear and I will probably get flamed for my opinion.

[Davel]

It would appear to be the attitude of the staff that has changed in the workplace and I don't see how the management can be blamed or claimed against.

It's not unusual for the harder and more flexible staff to be singled out by the lazier or less co-operative staff but I don't think that it's something that management can easily fix.

[Goochie]

Dupont666 said:

Correct me if Im wrong.... she is the one quiting because the work space just changed from easy and friend to not so???.

That is correct (more or less)

Dupont666 said:

How does she think she will claim for it?

"the people are all rude at work cause they wont answer the phone when Im on the phone"

and

"If they see my number on the screen they wont answer the phone"

Her problem with that is that it makes her job almost impossible to do which, results in customers getting annoyed, work not getting done etc. There are things that need to be done that she cannot do herself and she relies on others to do for her. Because they wont answer the phone, this work cant even be requested, let alone completed.

Dupont666 said:

Are they bhing about her behind her back? Not that she can prove it?

Yes, but what goes on behind her back doesnt really bother her, its the fact that she cant do her job that is the problem.

Dupont666 said:

And now she is claiming its not the place it was Im leaving.... now give me compensation for people leaving and nasty people coming in???

She has already complained to a senior partner in the business about the situation. He said at the time he would have a general meeting and tell people how they must be more focused in these difficult economic times and that this meant answering the phone to colleagues and "mucking in" where required.

This meeting apparently never happened.

Now she has complained again, if nothing has been done, then she believes she has grounds for constructive dismissal - because the employee/employer trust has been broken. Besides, surely it is in the employer's interests to see that their staff are happy, the work is being done and customers are not inconvenienced as a result of a girlie squabble??

She is now keeping a diary of events in case she needs it in future.

[Dupont666]

Goochie said:

Her problem with that is that it makes her job almost impossible to do which, results in customers getting annoyed, work not getting done etc. There are things that need to be done that she cannot do herself and she relies on others to do for her. Because they wont answer the phone, this work cant even be requested, let alone completed.

This I have had before, what she needs to do is send out a general (nicely worded email) to the folks not picking up the phone that its detrimental to the company that when she is one the phone to a client, please can someone pick up if the phone rings to take the relevant message.... read reciept it.

For teh issue with people not picking up the phone, once this happens, send an email to them saying:

'Sorry I could not get you on the phone, can you please reply with XYZ, or whatever'

If this is not actioned, go across and ask the individual personally about the email sent and if she has had time to read it and sorry for bothering them with the request by the EOD (or whenever).

If this is not actioned then bring it up with her boss in an email asking for a quick discussion, showing she is trying to be proactive about it all and giving them all the chances they need and still nothing is done, stating that them not helping is affecting client relations due to the phone not being picked up and work not being done and ask her boss how THEY would like to progress this to resolve the situation... then it her bosses problem (get it into an email).

That should sort out the issues...

[Goochie]

Dupont666 said:

Goochie said:

Her problem with that is that it makes her job almost impossible to do which, results in customers getting annoyed, work not getting done etc. There are things that need to be done that she cannot do herself and she relies on others to do for her. Because they wont answer the phone, this work cant even be requested, let alone completed.

This I have had before, what she needs to do is send out a general (nicely worded email) to the folks not picking up the phone that its detrimental to the company that when she is one the phone to a client, please can someone pick up if the phone rings to take the relevant message.... read reciept it.

For teh issue with people not picking up the phone, once this happens, send an email to them saying:

'Sorry I could not get you on the phone, can you please reply with XYZ, or whatever'

If this is not actioned, go across and ask the individual personally about the email sent and if she has had time to read it and sorry for bothering them with the request by the EOD (or whenever).

If this is not actioned then bring it up with her boss in an email asking for a quick discussion, showing she is trying to be proactive about it all and giving them all the chances they need and still nothing is done, stating that them not helping is affecting client relations due to the phone not being picked up and work not being done and ask her boss how THEY would like to progress this to resolve the situation... then it her bosses problem (get it into an email).

That should sort out the issues...

They dont have email - Its a one computer business.

[Dupont666]

Goochie said:

Dupont666 said:

Goochie said:

Her problem with that is that it makes her job almost impossible to do which, results in customers getting annoyed, work not getting done etc. There are things that need to be done that she cannot do herself and she relies on others to do for her. Because they wont answer the phone, this work cant even be requested, let alone completed.

This I have had before, what she needs to do is send out a general (nicely worded email) to the folks not picking up the phone that its detrimental to the company that when she is one the phone to a client, please can someone pick up if the phone rings to take the relevant message.... read reciept it.

For teh issue with people not picking up the phone, once this happens, send an email to them saying:

'Sorry I could not get you on the phone, can you please reply with XYZ, or whatever'

If this is not actioned, go across and ask the individual personally about the email sent and if she has had time to read it and sorry for bothering them with the request by the EOD (or whenever).

If this is not actioned then bring it up with her boss in an email asking for a quick discussion, showing she is trying to be proactive about it all and giving them all the chances they need and still nothing is done, stating that them not helping is affecting client relations due to the phone not being picked up and work not being done and ask her boss how THEY would like to progress this to resolve the situation... then it her bosses problem (get it into an email).

That should sort out the issues...

They dont have email - Its a one computer business.

You have got to be stting me.... no emails, no computers???

Do they use gas lamps for light and have an outdoor stter?

[Goochie]

Dupont666 said:

Goochie said:

Dupont666 said:

Goochie said:

Her problem with that is that it makes her job almost impossible to do which, results in customers getting annoyed, work not getting done etc. There are things that need to be done that she cannot do herself and she relies on others to do for her. Because they wont answer the phone, this work cant even be requested, let alone completed.

This I have had before, what she needs to do is send out a general (nicely worded email) to the folks not picking up the phone that its detrimental to the company that when she is one the phone to a client, please can someone pick up if the phone rings to take the relevant message.... read reciept it.

For teh issue with people not picking up the phone, once this happens, send an email to them saying:

'Sorry I could not get you on the phone, can you please reply with XYZ, or whatever'

If this is not actioned, go across and ask the individual personally about the email sent and if she has had time to read it and sorry for bothering them with the request by the EOD (or whenever).

If this is not actioned then bring it up with her boss in an email asking for a quick discussion, showing she is trying to be proactive about it all and giving them all the chances they need and still nothing is done, stating that them not helping is affecting client relations due to the phone not being picked up and work not being done and ask her boss how THEY would like to progress this to resolve the situation... then it her bosses problem (get it into an email).

That should sort out the issues...

They dont have email - Its a one computer business.

You have got to be stting me.... no emails, no computers???

Do they use gas lamps for light and have an outdoor stter?

They have one computer and thats the one she uses to type letters and make appointments. The term "Senior Partner" is somewhat appropriate.

[Engineer1]

Then do the same with post it notes, and memos internal letters etc, just remove the online element.
The more paperwork she can produce showing that the behaviour of others made her job impossible the stronger her position. Also ensure that if and when she leaves the exit interview brings up the greviances or atleast doesn't prejudice taking them forward later.

[hairyben]

I can understand that she feels let down by the partners but constructive dismissal is a long shot and could backfire spectacularly.

The problem sounds like she's shouldering too much responsibility that isn't hers, if things escalate she'll be seen as the problematic one because it's the easiest option. Has she worked anywhere else? Sound like she's a touch naive, and just needs to do what she can within the limitations, it's just a fking job, if the attitude of those around her may lead to questions being asked of the departments effectiveness in doing it's job then cover her ass. It'd be nice if everyone pulled their weight and acted like grown ups, but they don't, and she may go to another job and find it just as bad or worse.

[oldbanger]

Having worked as a medical receptionist from aged 14 to well into my 20s, this is not bullying, this is just life as a receptionist. My H who worked as a receptionist at council offices whilst a student also had the same issues, at a much larger scale.

Firstly your wife's friend needs to understand that you don't need to be friends with your co-workers to be able to work with them and also that she needs to stop taking things personally. In short, her co-workers are lazy workshy feckers, nothing more.

If a staff member refuses to take calls from reception, then tell the client that X is out of the office/away from their desk/in a meeting/not taking calls right now, take their details and promise that the staff member will call them back. Then write the staff member a memo and put it in the internal mail or ask a colleague to pass it on. If the receptionist has to deliver it themselves they need to do it at a time convenient for them, e.g. at the end of the day. They should also write this in the call log - if the workplace doesn't record calls automatically then it is good practice to keep a log of all incoming calls in a book or file - e.g. who called for whom, when, and what for/what the outcome was (e.g. x not contactable, message taken). This isn't (just) to show the lazy feckers up, but because it is good practice to keep a record of all communications in case someone drops a bk or the practice receives a complaint.

And if co-workers won't take calls when she's busy taking other calls, then the receptionist probably needs to be more efficient in those passing calls on (or quicker to give up trying to contact the uncontactable) but she also needs to let calls go un-answered. She could even record them in the log, if she likes.

[andygo]

She needs to go to the offending gits and just say to them in a loud voice, "Look you dozy self important lumps of poo, when I ring you, it's not for my personal pleasure, its regarding work, which unless I am mistaken is what you are hired to do. So pick the feckin phone up or I will shove it so far up your arse you will think you have grown a voice mike".

Or similair.

HTH

[Jasper Gilder]

The first thing she should do is raise a formal grievance about two things

1 - The utter lack of teamwork which leaves her with an unequal ( and thus unfair) workload which is affecting the customers she seeks to serve

2 - The failure of her employer to take the promised action when she complained informally

This should move things along, if nothing improves I'd start looking for another job but not leave until I'd secured one

In either case Constructive Dismissal claims bought where the company grievance process has not been used before aren't looked on very favourably by tribunals

[mustard tab]

this may help matters.
http://www.direct.gov.uk/en/Employment/RedundancyA...

IIRC generally constructive dismissal claims can be lodged after the person in question has left the business ie the position and environment was so bad that they had to submit their notice, and they had no other choice.

this situation sounds to me as though the environment has become unpleasant at worst, maybe the lady in question should lower her expectations about her co-workers and not attempt to be responsible for elememts of her work that are out of her control.

i have found to my cost that the direct confrontational method rarely works and if you are an easy target, can backfire. my advise would be to keep a diary just in case, and actively seek a more suitable position if it really is having a detrimental effect on her life outside work, but in the mean time become a little thicker skinned and adopt selective deafness.

HTH