Another constructive dismissal query?

LegacyUser

Posting anonymously for this:

This a bit long so please bear with me!

I was working as a vendor in a large multinational in Dublin handling an aspect of their operations which are based in Africa. It started out slowly at first but gradually built up into a very busy operation to the point where I was working from home in my down time as there was no support provided during these hours.

I also had a manager who had been promoted beyond their abilities (he had to be mentored/ monitored by the contract manager) This person was a known bully and had a number of complaints put against them in their previous location. However they were liked by the company owners and they moved this person to our location. Almost immediately, we did not get on with each other, they took to making snide remarks about me to other staff members while telling me I was doing a great job ( I received numerous commendations from the client for my work on their behalf).

I am not a saint and I did make a few gaffes in areas that were not directly in my zone of responsibility however the manager forced me to carry out these tasks as they felt I was not doing enough for the team. Needless to say because my primary focus was on my role, things slipped by me that would not normally have done so, but because I had to split my attention from them additional work and focus on highly sensitive and critical area, things happened to get left out.

This gave the manager cause to give me grief and even though I explained why it happened and because they had no understanding of my specific role (despite daily briefings on current operations) they felt it necessary to belittle me in front of others.

There were other incidents too where they would take to patting me on the head and massaging my shoulders in a demeaning way to 'get me to relax' because they said that I looked tense, strangely enough I was only tense when the manager was around, everyone knew me as a calm, relaxed individual who got the job done. Yes, I warned them not to touch me in this manner but they continued to do so regardless, because they were 'only messing'.

This went on for about 2 and a half years, following complaints from other staff about the manager and from the new contract manager this person was removed at the request of the client.

It needs to be pointed out that the other complainants were sent to other locations within the same contract so as to remove them from immediate daily contact with the manager. Seeing as I did not want to be moved because I loved the job I did, I never complained, however, senior management were aware of the issues I had with this individual.

With the new contract manager, it became quickly obvious that because of my popularity with the client and the people I immediately interacted with that they took a dislike to me too. Now, I know people are going to say ' the problem must have been you so' I must say that in my defence, I never had any of these issues, I had received a number of awards and commendations over my time there, I was respected by the team I worked within and and by the client's.

Over time, the new manager ignored my requests for additional pay for the level of work I was producing, for the extra duties I was carrying and for the level of responsibility I had in my assigned role, including budgets running into millions of Euro. I had overseen an increase of 300% in usage of the services I was providing in the 3 years of operation. I had asked for additional resources to assist me but that was refused and I made a point of letting management know that I was technically working 7 days a week as I would have to respond to mails over weekend, bank holidays and on my annual leave (yes, someone stood in for me during this time but I would get queries from my stand-in on how to handle a problem that occurred).

There were many other incidents that occurred but it would take too long to explain

I became tired and exhausted and eventually I collapsed and was hospitalised, diagnosed with stress, anxiety, high blood pressure and depression. after a number of weeks I wanted to return to work but my company would not let me and wanted to reassign me to another location 'for my own benefit until I felt better'.

I argued that the reason I was unwell was their fault in the first instance and that if the necessary resources had been put in place when I asked, this would never have happened. This fell on deaf ears.

Repeatedly, I was been offered different locations which all involved a demotion and a loss in pay. My Doctor, however, recommended and placed me on continuous sick leave as my blood pressure was dangerously high and depression had taken a very dark hold of me, I was not in a good place and could not be left alone for long periods.

I stayed like this for close to a year and eventually came out the far side but felt all trust in my company and been eroded and could not return there as the management had not changed. I took the decision to leave and got a job at another company reasonably quickly but at a much lower level of pay than which my skills warranted.

Just a point to note, it was found necessary to have three people replace me to carry out my role.

Given that the company was aware of the circumstances and that the individual responsible for most of it were moved, I am in doubt as to whether a constructive dismissal case would be wise or warranted, I would welcome any thoughts/ insights.

Once again, apologies for the length of post, it is somewhat shorter than it should be though!!

Thanks in advance

LegacyUser

Me again! Now seeking recommendations for a good employee relations solicitor?

Diziet

Best of luck, it sounds horrendous. Definitely take legal advice, as people should not really be offering legal advice here. Hopefully someone will come in with a solicitor recommendation (you may also want to do a search here).

_Brian

Sounds like a tough time.

We were always told the litmus test was did the employee engage fully and completely in the company’s complaints and appeals system before feeling like they had no choice but to leave their job.

Then you were being patted on the head and massaged (groped) after asking not to be did you make a formal complaint and how was this dealt with ?

Did you make formal complaints or appeals regarding only being offered lower less paid roles ??

davo10

You also must make your claim within 6 months of the date of the termination of employment

LegacyUser

_Brian wrote: »

Sounds like a tough time.

We were always told the litmus test was did the employee engage fully and completely in the company’s complaints and appeals system before feeling like they had no choice but to leave their job.

Then you were being patted on the head and massaged (groped) after asking not to be did you make a formal complaint and how was this dealt with ?

Did you make formal complaints or appeals regarding only being offered lower less paid roles ??

To be honest, no, purely on the grounds that the company has a track record of removing personnel to other locations when they made a complain against this very individual.

In regards the 'groping', no I did not because it would not be treated by the company as such because they would do the same thing as mentioned previously and because the manager and I are of the same gender, I am hetero and married but I have no knowledge on their sexual preference. They did stop after a number of fractious protests but it took months.

I eventually made a formal complaint prior to my leaving however, no changes where forthcoming in the management structure and the person with whom I had the most grief with was promoted and is still a member of the management team in that company.

Regarding the moves/ demotions, this was/is a common tactic with the company to push you to move on while seemingly 'helping you'. They can then say that the person left of their own volition. It has worked for them before.

I was not aware of the time limit, thank you for that heads up, I will set things in motion asap.

Thank you for the responses.