This discussion is now closed.

Check out other Related discussions

Constructive dismissal- anyone know anything about this?

Just wondering if there were any legal bods out there or anyone who might know about constructive dismissal?

I dont want to go into detail but my boyfriend, since he started, has been having loads of problems at work with a certain manager. He has been passed over twice for promotion now in the 3 and a half years that hes been there, with no real reason. Every time he tries to apply for a promotion opportunity he is told that he 'wont be considered' and 'isnt good enough' despite the fact that he is the longest serving employee there and has more experience than everyone. Not long ago someone who had been there a year got a mangers role, and he was told he wasnt allowed to apply. Yesterday he was told that he's not allowed to apply for another role thats come up, even though someone else who's been there 6months has been allowed to apply.

This is bordering on the ridiculous, and as a result he's now looking for another job. Surely this isnt fair? He says he feels bullied and like he've never going to get anywhere within the company- just because his area manager says he's not allowed to apply.

Is there anything that can be done? I really dont know what to do, who should he complain to?

I dont even know if this is constructive dismissal, it might be something else, but basically he's being made to leave his job just because of the way his area manager acts towards him.

Reply 1

alastair

1

I am not a lawyer but I am doing a lot of work at the moment on employment disputes. As far as I can see there is no case here, he isn't actually being bullied, his manager just isn't choosing him. He doesn't have to be promoted, so the only other thing he could claim really is discrimination but if he is a white male (he is obviously straight!) then again nothing there.

Tribunal cases are a lot of hassle and a long drawn out process as well as looking bad to future employers, he just needs to quit and get a new better job.

Reply 2

tbm

OP

13

Problem is though that they've actually butted heads on quite a few occassions over various issues, and my bf feels as though he's been treated unfairly as a result, there have been quite a few instances of this. The area manager has constantly gone out of his way to make life difficult for him, favouring other people. I just cant understand why he wont give him the chance of promotion when he has the experience for it and has undergone the training. This basically means that the job is going to someone who only has 1 years experience (my bf has 3.5) and hasnt even done the formal progression training.

I think he's going to make a formal complaint anyway, as the manager wouldnt give him a valid reason for not letting him apply for the job, his exacts words were "you can apply but Im not giving you an interview so dont bother wasting your time".

Reply 3

Howard

5

I know enough about it to tell you that it's not very easy to prove. I don't have any experience with constructive dismissal but I have a lot of experience with something called "constructive acceleration" which one encounters rather a lot in the building industry and works on the same principles. But here, the facts often speak for themselves whereas in constructive dismissal it's more difficult to prove.

The first thing he needs is plenty of documentation. If he's being told he's uneligible to apply for this or that job where others who have less experience are allowed to he should start the ball rolling by talking/writing to HR. He'll need to show that he is being passed over unfairly and not because he isn't good enough.

It seems that he has been told he isn't good enough. What are his shortcomomgs? Are they documented in his reviews with HR or is this just a carte blanche statement?

Reply 4

Dragon24

17

Sometimes the employer may have to pay more for experienced people so they like to keep costs down. Or they may feel he is the best person for his role and don't want to lose him. Though I think it sounds like the area manager finds you boyfriend a threat as he may succeed and possibly take his job or become higher than him.

I have read in Glamour magazine that if after everything you have tried and are unable to climb higher at a company move on, make sure he finds a job first and if possible not to use this job as a reference as reference requests will come through whilst he still there which they may make his life even more hell.

Reply 5

Dragon24

17

If you are not sure about constructive dismissal talk to the Citizens Advice Bureau. Though the best option I think in his case is to go for a better job than the hassle of letting this employer win and showing they have gotten to him. He will have the last laugh when he is at another company.

Reply 6

alastair

1

Thats another good point, if he makes a complaint they will refuse a reference leaving him having to explain why they won't give him a reference, I would seriously just move on and get a better job.

Reply 7

bluenoxid

13

I know it will be difficult for him, but I would urge him to move on. He has tried several times for promotion and failed

I know it seems unfair and it is sad that it wont be the area manager that will get totally screwed when his experience disappears, but with 3.5 years experience (hey this lot cannot give a bad reference, 3.5 years work is not something that can be shirked at. You would not keep a crap employee for that length of time) he should not have too much trouble finding a job. Frustratingly at the moment, many companies are not recruiting many people, but by Easter all the companies will be flinging their doors open to get people in. I wish your boyfriend good luck.

Reply 8

Howard

5

Angel83

If you are not sure about constructive dismissal talk to the Citizens Advice Bureau.

Who will know sweet FA about it and refer you to a lawyer anyway.

Reply 9

Clubber Lang

15

It will be damn near impossible to prove and tribunals drag out - plus he doesnt HAVE to be promoted so its notl iek there is a huge case. He can pursue it tho if he feels he is being forced out due to bullying etc

I'd just leave.

What kind of job is it - is it a large company etc?

Reply 10

tbm

OP

13

Yes its a very large company, dont want to say what, but it was in the Top 10 of the Best Companies to Work for in 2006.

I think he's just going to forget it and look for another job, Ive already found a few in our area that look good.

Thanks for your help everyone, much appreciated.

Reply 11

ChemistBoy

16

Look for another job. Employment law looks good on paper, but it is actually very weak in practice. I suggest he moves on sooner rather than later or people will start asking why he hasn't been given a promotion already at interviews.

Reply 12

Cessie

2

I take it he's not in a union?

Reply 13

tbm

OP

13

Cessie

I take it he's not in a union?

Unfortunately not, the company doesnt belong to one, loads of employees are trying to set it up at the moment.

Reply 14

fundamentally

15

Joystar*

Just wondering if there were any legal bods out there or anyone who might know about constructive dismissal?

I dont want to go into detail but my boyfriend, since he started, has been having loads of problems at work with a certain manager. He has been passed over twice for promotion now in the 3 and a half years that hes been there, with no real reason.

Consider the difference between a duty-imposing and a power-conferring statute. The employer has the power to promote, but not a duty. Of course, there may be a question of breach of legitimate expectations.

Joystar*

Problem is though that they've actually butted heads on quite a few occassions over various issues