How Can I Prepare For Constructive Dismissal?
This one comes from Joe in Uxbridge, and his question “I have a funny feeling that my boss is trying to find grounds to dismiss me. I’m worried about constructive dismissal, what can I do to protect myself?”
What To Do
This is a horrible situation to find yourself in, and it’s not pleasant!
All too often, junior staff members are hung out to dry even when following their line manager’s instructions, or, management choose to protect friends or favoured colleagues, over those that work hard when it comes down to cutting costs.
While you’re working things out and deciding on alternate career paths or if you’re intent on battling it out; it is essential that you keep up the appearance of a happy, professional, motivated member of staff.
This is a case of not doing anything stupid, and not giving them the rope to hang you!
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Simon, began his working life with Messrs. Coutts & Co, bankers to the Queen. During a career which has, thus far, spanned 31 years, Simon has served time as a Bank Manager, Financial Adviser, and General Manager of a major UK Broking Firm, which later became London Scottish Broking. A Certified Mortgage Specialist, Simon set up his own broking firms in late 2002... Find out more about Simon
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The Outline Solution
- Make sure you do everything you are asked to do, when you’re asked to do it, in the way you’re asked to do it!
- Make and keep records and where possible, make recordings (especially if negative behaviours or abuses are a daily occurrence in your place of work).
- Digital recording devices come in all shapes and sizes, and are easily concealed; sometimes in plain sight!
- Keep a Diary
- This is advisable for all employees, from day 1, because you never know when it’s going to become useful!
Possible Arguments Against You
Once an employer, owner or manager has made clear an intention to dispense with your services, whether that be a clear and open declaration, or simply the gut feeling you get that “something isn’t quite right”, you have to ask yourself:
“Do i really want to work in that environment?”
- Stringing things out could result in a win, but ask yourself: is it really worth the aggravation?
More often than not, if you know you’re good at what you do, it may be time to just accept that your current employer is not the employer for you.
Subject to your particular situation, sometimes the best solution is to merely leave them to it and find an employer that will appreciate you.
The Almost Legal Info
Constructive dismissal if proven, can result in an award for compensation and or damages.
The good news is that there are many solicitors offering no win no fee representation, and depending on the nature of your employer’s attempts to dismiss you, you may also have grounds for harassment.
Sound preparation may not result in you keeping your job, but it may result in your employer agreeing to pay you off with a “golden goodbye handshake”, without the need for formal hearings.
Producing a tape recording of a manager swearing, or using inappropriate language, threats or intimidatory remarks, can be worth it’s weight in gold, because there is little room for denial!
Always make sure you play things by the book!
Need More Help?
Ultimately, it starts with you. If you’ve had enough of being bullied, threatened or abused by your bosses, we’ve put together some useful guides to help you fight your corner! If you want a more detailed guide together with some sample grievance letters, which you can salesperson and send to Human Resources; please go to…