Bullying - constructive dismisal

omerin · 05-07-2010 7:57pm #1

My better half is been bullied at work by the owner of the company and the general manager. She's worked there for the last 10 years and the company isn't very financially stable (enough to pay redundancy) so its my opinion that they are either trying to fire her or get her to walk.

She's in a management position and in the last two years has taken on further duties to cover someone who had been made redundant. She got no training and no pay rise to reflect her new additional responsibilities.

The owner is now using her extra workload as an excuse that she is incompetent, i.e. she should have done more in the various areas she's is responsible for in the time she was responsible for them. She has heard through a colleague that the owner is seeking legal advice as to how she can get rid of her and another colleague.
The newly appointed general manager has no man management or business skills and is reporting lies and nit picking to the owner. She has to report everything to the general manager who isn't as qualified in her area. The owner and general manager take swipes at her in meetings, questioning her competence and the general manager has told some of her colleagues that she wouldn't be working there very much longer. It is effecting her sleep patterns and her health. I could go on and on. I know bullying should be reported but that's regarding a colleague, supervisor or manager. What can you do it when the owner is doing it?

edellc · 05-07-2010 11:53pm

firstly your partner mental health is the most important thing in all this i would advise that your OH go to the doctor and get assessed and if necessary get signed off sick
they cant sack someone who is off sick, then i would go see a solicitor and see if they will do a pro rata bullying and harassment case against said company
no one deserves to be treated so badly hope your OH get help also if tell your OH to keep a diary of everything that happens what is said and by who if they do sack your OH go to a solicitor and file a claim this has to be done within 6months of sacking
http://www.citizensinformation.ie/categories/employment/unemployment-and-redundancy/dismissal/unfair_dismissal
http://www.citizensinformation.ie/categories/employment/unemployment-and-redundancy/dismissal/constructive-dismissal

if you cant do solicitor go to the below and check out pages above

Employment Appeals Tribunal

Davitt House
65a Adelaide Road
Dublin 2
IRELAND
Tel: +353 (0)1 631 3006
Locall: 1890 220 222
Fax: +353 (0)1 631 3266
Homepage: http://www.eatribunal.ie/
Email: eat@entemp.ie
Wheelchair Access:

National Employment Rights Authority

Dept.: Information Services
Government Buildings
O'Brien Road
Carlow
IRELAND
Opening Hours: Mon. to Fri. 9.30am to 5pm
Tel: (059) 917 8990
Locall: 1890 80 80 90
Homepage: http://www.employmentrights.ie
Email: info@employmentrights.ie
Wheelchair Access:

best of luck

eth0_ · 06-07-2010 9:05am

edellc wrote: »

then i would go see a solicitor and see if they will do a pro rata bullying and harassment case against said company

I presume you mean "Pro bono" (for free/no win no fee).

It is EXTREMELY unlikely a solicitor will take on this sort of case on a no-win-no-fee basis - which is essentially a massive gamble on the solicitor's part - as this sort of case is very difficult to win without solid evidence and witnesses of the bullying and harassment.

Also, the OP said the company doesn't have the money to pay this person redundancy so where do you think they'll find the money to defend a bullying case AND pay damages if they lose?

Independent01 · 06-07-2010 4:10pm

On a similar but slightly different note how does one deal with someone who has an axe to grind with you personally so they start contacting employer and other organisations to complain about your behaviour or something you have said and even though no action results as the complaints are without foundation and well recognised as such it is becoming wearisome to get phone calls at least once a month advising of a complaint being made.

Can anything be done to stop this sort of action or should it just be ignored?

wmpdd3 · 06-07-2010 9:10pm

edellc wrote: »

firstly your partner mental health is the most important thing in all this i would advise that your OH go to the doctor and get assessed and if necessary get signed off sick
they cant sack someone who is off sick, then i would go see a solicitor and see if they will do a pro rata bullying and harassment case against said company
no one deserves to be treated so badly hope your OH get help also if tell your OH to keep a diary of everything that happens what is said and by who if they do sack your OH go to a solicitor and file a claim this has to be done within 6months of sacking
http://www.citizensinformation.ie/categories/employment/unemployment-and-redundancy/dismissal/unfair_dismissal
http://www.citizensinformation.ie/categories/employment/unemployment-and-redundancy/dismissal/constructive-dismissal

if you cant do solicitor go to the below and check out pages above

Employment Appeals Tribunal

Davitt House
65a Adelaide Road
Dublin 2
IRELAND
Tel: +353 (0)1 631 3006
Locall: 1890 220 222
Fax: +353 (0)1 631 3266
Homepage: http://www.eatribunal.ie/
Email: eat@entemp.ie
Wheelchair Access:

National Employment Rights Authority

Dept.: Information Services
Government Buildings
O'Brien Road
Carlow
IRELAND
Opening Hours: Mon. to Fri. 9.30am to 5pm
Tel: (059) 917 8990
Locall: 1890 80 80 90
Homepage: http://www.employmentrights.ie
Email: info@employmentrights.ie
Wheelchair Access:

best of luck

I agree with most points made in this post but cannot agree that a person cannot be fired while on sick leave, admittedly the person would have to return to work to be actually fired but taking extended sick leave could leave her open to a 'inability to fulfill her contract' meeting even with doctors cert.

Her health is the most important issue here and the only thing I would advise, is to get a dated small diary and keep notes of each and every action made against her as if she already had a case in progress with her employer.

This is the most important thing she can do in the present. Also try get a copy of her contract / subsequent contracts / meeting records minutes relating to her job description if possible.

cazzycaz · 06-07-2010 9:15pm

Yoy should go to your nearest citizen information service who will tell you what steps to take and help and support you for free.:)

casman · 08-07-2010 5:04pm

Omerin, I'm in a similar situation to your other half. I have had a nightmare 7 months where I was bullied constantly. I had to take sick leave due to the stress and anxiety. It can have a huge effect. When I stepped back I realised it was happening for the previous 2 years at a lower level. It started with a few individuals and eventually spread to the entire office. My reputation was cleverly manipulated by my line manager who turned my colleagues against me and it was they who carried out most of the bullying while he egged them on from the background. Nice!

There is a facility at Trinity College called the Anti-Bullying Centre which is very helpful and will give advice on how to handle the situation. http://www.abc.tcd.ie/ABC.html

As edellc says your partners mental health is the number one priority - see a GP first and then maybe think about an exit strategy.

Good luck

murphym7 · 09-07-2010 10:34am

Records records records! Make a record of everything. Every meeting, conversation, email, voicemail. Any examples of unfair behaviour. Also take a look at the contract your OH had before taking on the extra duties - find out was a new contract issued with the additional duties outlined on it.

Speak to a solicitor who will record the date you first brought this to their attention - this may be important later.

The key thing here is that (as far as I can work out from yout OP) that the owner has not began any performance improvement activities with your OH - ie not put them on a performance improvement plan which eventually could lead to verbal, written warnings etc.....Without completing these formal steps and considering your OH has brought the situation to a solicitor, should put your OH in a better position if it ever came to a unfair/Constructive dismals case.

The owner may only sack your OH on the spot for gross misconduct - there is a process they must follow (like the one I outlined above).

But as always with Boards.ie we are only giving opinions and could be totally wrong - always confirm with the experts. Don't just take the word of some lonely people tapping away at their keyboard in a darkend room.:) I really hope this gets worked out - its a terrible place to be.

omerin · 12-07-2010 5:42pm

She only has a verbal contract. It seems that the owner had only taken a passing interest in the company until she gave the new general manager his new position. He has bad mouthed a few people to earn his extra money and to make him look good. He had threatened to leave but as an incentive he was given his new position. He was also reported for bullying to the owner (not from my oh) a few weeks ago but this was ignored by the owner. You couldn't make this up.
My oh colleague has seen a solicitor and was advised to see a doctor to get a sick cert. This is pure madness.
What's probably worse is that she is hearing things been said about her from her colleagues (who are risking their own position I suppose in many ways) in conversations/meetings with the owner/general manager.

JonnyTwoCombs · 22-07-2010 3:23am

It seems your OH is already in a better position in terms of having one over on her employer. :eek:

Verbal contract literary aren’t worth the paper they’re written on.

Every employer is required to issue a written contract of employment to each employee.

This contract should out line,

· Duties
· Pay rates / method of pay
· Leave
· Disciplinary methods
· Working hours

If your OH has only a verbal agreement, then she could have refused the extra demands.

Your OH should write down exactly what her original role included and the additional responsibilities separately.

Tell your OH to start a diary, noting each time she was required to carry out the additional role, every contact with their employer and hours of work.

If the new GM has bad mouthed them and others, perhaps your OH could submit a request under the Data Protection Act, as this would entitle them to a copy of everything with their name on it. If the employer refuses this (more than likely), this will only aid any future action taken by your OH. Also, the advice about visiting the GP will also be of benefit in the future.

omerin · 05-10-2010 8:59pm

She has got a new job, started Monday and likes it. Only trouble now is her new company has shift work but I am sure she will get over that.
Her notice period was hard to get through but its over for her now

Now for karma to kick in

eejoynt · 06-10-2010 8:01am

all the better reason for going to the EAT website downloading the forms and submitting them to the tribunal,
for constructive dismissal
represent yourself

Bullying - constructive dismisal

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