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Constructive Dismissal Claim?


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Hello I am starting a thread because I need all the advice I can get right now!!!

 

Basically I have been working with my company for 2 yrs 4 months now , i am part time at 16 hrs a week.

 

Basically issues begun late 2012, in August I had 2 weeks off with stress/depression. During 1 of these weeks I had a pre booked holiday, being company policy to allow you to retake any holiday (because you cannot be sick and on holiday rule), i thought i may be able to retake this , they said I was not allowed as I had not made them aware of when I was returning from work (tho my Drs note stated the from and too dates and i did telephone to let them know).

 

Also, since January 2013 - now I have had continious pay mistakes/purposful errors? Basically missing 8hrs now but was up to 20 at one point.

 

I have been written off work by my Dr for 3 weeks due to work stress where I explained I cannot cope working there anymore and how the stress of multiple things is now too much,

 

Pay being 1 issue but along with that I have issues with:

Poor management, Conflicting ideas, Too much work.

 

Seems silly but I can literally wind my self up over how I have to do multiple things and other people do not. Its 1 of them situations where she has to do this but that person doesn't!

 

I have asked to be moved to a different department due to me simply, hating it where i am, but heard nothing!

 

Please advise me on what to do , thanks

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A recent example of managerial unfairness:

 

the early May bank holiday a duty manager asked for 1 of the 2 chefs to come onto shop floor as we was not busy and they needed help. Now rather then the manager send the boy he sent me! I asked why this was when I got back as I was a bit ratty, tiered and had hurt my back from the work I had done, and he said he couldnt do without a main cook when I said there are currently 2 cooks and no orders to be cooked so the need for 2 is ridiculous he had no comment.

 

This is an example of when I have been selected to do a "rubbish" job over someone else even when someone else was asked for personally!

 

Also that bank holiday I was on 1.5 x wage. I worked 6 hours that day at £7.21 (normal hourly rate) so surely the maths would be £7.21 x 1.5 = £10.815 x 6 = £64.89 and normal wage being £43.26 would have meant I earned £21.63 extra that day? my wage slip said £15.something!? is this a breach? or is my maths wrong?

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Hello and welcome to CAG. I expect the forum guys will be along over the course of the day with thoughts for you.

 

I would say that it's always said that CD is hard to prove and that only 3% of cases are successful. Have you spoken to someone like ACAS? They don't always know all the answers, but sometimes it's good to talk about it on the phone as well as posting here.

 

My best, HB

Illegitimi non carborundum

 

 

 

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