Constructive Dismissal All help suggestions appreciated

[raverdude]

I am employed as a front of house team member in a busy public house.

We have recently employed a new chef who has increased sales and brought a lot of extra custom, he has come from a rival company in the town.

 

There are 2 main front of house waiting staff myself and someone else the new chef has told us both on many occasions that were no good at what we do, hes going to get his old staff over here who know how to do the job properly. I can assure you there is no fault with what we do

 

The final straw was when i walked in on him calling me a useless c*** i have raised a grievance but was told to grow a pair.

 

Where do i go from here??

[becky2585]

Blimey.

 

How long have you worked for the company? Did they go through a formal procedure in addressing your grievance?

[raverdude]

Yes gave a grievence letter to company director only to be told to grow a pair

[lbruk]

Yikes,

 

Sounds like an awful place to be!

 

Does this person have a manager? If so it might be worth raising a grievance about the way you are treated and how the original grievance was handled!

 

Do you have a contract of employment? If so the employer has a duty to hear your grievance, and refusal to do that would be a breach in contract, if it came from your direct manager. I think maybe he thinks he is Gordon Ramsey or something!

[markl1987]

Sounds awful!

 

I've complained a lot on here at out the way I've been treated at my work but your's is something else!

 

Do you have a handbook or contract with details of who you can complain to, sounds like the company director is a right plank to put it politely

[raverdude]

It's a public house and he is the top, it's his pub although he is young and don't think he has the confidence or experience to handle these situations! I am on minimum wage but expected to do management duties ie cashing up and Rotas etc etc

[raverdude]

I have no handbook or contract although I am on the books and have been paying emergency tax since I started and this has not been sorted despite several requests

[markl1987]

How long have you worked there?

[raverdude]

14 months

[Emmzzi]

emergency tax for 14 months???

[raverdude]

That is correct and I've stuck

It out as its a wage in this difficult recession and just get **** on

[markl1987]

Get hold of the tax office asap and get your tax code sorted out, you can fill in a p46 form and give it to your employer and they can send it off for you (although doesn't sound like that will happen some how) When I needed to sort out my code a long time ago I called them and they sorted out and organised a rebate for me.

 

Sounds like it would be a good idea to get your rebate, see how much you get and if its enough to live on while you find another job then leave asap!

[orfoster]

Hi,

Its important to note that in constructive dismissal cases the act being complained of must be fundamental to the contract of employment, this person swearing at you would be fundamental, in my view but its quite important you seek legal advice on that point, are you able to prove it? Was someone present?

When you raised the grievance did you do it in writing to the top person? If so, what was their written response.

When did the person swear at you? It is also very important that you don't hang about, if you wanted to claim constructive dismissal, and I'm not suggesting you could have a claim here because I am not aware of all of the facts you need to resign soon after the act being complained of.

You also can't really wait until you have another job, once you have another job it would be likely the tribunal would say the reason for resigning was that you got another job and not because the Chef swore at you.

Constructive Dismissal cases are really hard to succeed, there are so many hurdles......

[raverdude]

After 3 months of degrading comments and constant remarks from the chef of the public house and being called a useless C*** as well as other things I resigned from the position on Monday via email as 48 hours of requests to arrange a formal meeting were ignored by the director.

 

I had no formal reply to my notice and still have not yet 3 hours before my shift started tuesday i had a text saying you are not required to work your notice. Am i legally entitled to a payment in lieu of notice? Also I have sent two other emails requesting a formal response/confirmation of my resignation and a formal letter to confirm i am not required to work and all requests have been ignored.

 

Please Help

[Sidewinder]

If you had not indicated that you were leaving without notice, then the employer will have to pay you the notice allowed by your contract.

 

Are you actually considering a case of constructive dismissal though? I ask because in those circumstances it would be more usual to have felt that the relationship had broken down to such an extent that you found it necessary to resign without giving notice as you found it impossible to work any more for the employer. So - what action you take will really be guided by the reason for leaving, the nature of your resignation and to what extent you communicated your feelings in your letter of resignation.

[raverdude]

Yes going to get an appointment to see a employment solicitor tomorrow am going to take this further

[raverdude]

Gave the statutory one weeks notice but stated in letter attached to resignation that I would be waiting further instruction as to when i was required to work, we get our rota text to us on a Sunday night but this week I was not text. Although was text on Tuesday and told not required for my notice but had no formal response to resignation or grievance letter attatched

[raverdude]

Need Guidance on how to take this to a tribunal please what forms do I need and when should i involve a solicitor spoken to acas and told i got a case to be answered but that was before i resigned now its done where do i go from here

[lbruk]

Best idea is to go to the citizens advice to begin with - unless you can afford a solicitor. you can instruct a solicitor at any point, but the earlier you do the more expensive it becomes..

 

You eed to file an ET1 form with is available to be submitted online

[raverdude]

Just looked at that an I able to represent myself during this if it went as far as a tribunal hearing

[lbruk]

yes you are, but you need to be very prepared for the problems and what you are doing. This will require you looking up the cases that are involved with you case, knowing the process of the tribunal process so you can handle the CMD PHR and the tribunal itself, which means asking the right questions etc.

 

If you just wat to cause trouble and work for your ex-employer then go for it - but dont be surprised with the amount of work you will have to do to potentially win your case.

[dj1971]

Raverdude,

 

You can indeed represent yourself at every stage of the case and many have done so. Having a solicitor to represent you probably increases the amount of compensation you may get. I suggest you check your house and car insurance policies, these often have legal expenses provision attached to them and could be used to pay for representation.

 

As Ibruk rightly says it is a big undertaking to represent yourself and there is a lot of work to do in terms of legal procedure, understanding the procedures of the ET and will no doubt and no doubt lots of tricks played by the respondent in your case to try and scare you off.

 

Personally, I was handling my own case up until just after the case management discussion and the impact of managing all this was having a negative impact on my health. I was thinking, eating and not sleeping the tribunal case and it eventually it was having such an impact on my health I decided it was not worth the detriment to my health. So I decided to instruct a solicitor and let them take over the management of the case.

 

This is just me though. As already has been said people have taken on their own case and successfully seen it through to the end. But if you do have legal expenses cover through your insurance, why add to your burdens?

 

Is your decision and whatever that may be there are fantastic people here who well help you at every step of the way.

 

Good luck

DJ