Bullied at work, resigned, told to leave a week later

I am so angry. I have records of what people said about me at work and said about my performance and disability. I have been ostracised for the past year. I was told to leave work and will get paid for the notice period I otherwise would have worked. Does this count as 'constructive dismissal' or a breach of employment contract as the bullying was not dealt with by those in upper management who were aware and allowed it to continue?  What can I do? 

Parents
  • Constructive dismissal is very, very rarely successful in an employment tribunal, whatever your rights may appear to be.

    It is a little unclear to me whether you actually resigned or was dismissed.  Did you actually resign before being told to leave?

    Once you have resigned from work, the employer may choose to simply pay you what you would have earned during to notice period.  In this case I would think that you would not get anywhere with this claim as it seems that is what your employer has done.

    The following is my view (as a trained Union representative) and someone who is going through a process at the moment.

    A tribunal would have expected you to go through the employers grievance procedure and then the appeal for this if you were unsuccessful.  To go to an employment tribunal you have several hoops to jump - Early Conciliation, application for tribunal, tribunal, employment tribunal in addition to grievance and grievance appeal which may be going on concurrent with the tribunal procedures.  You also have time limits - for the Early Concilliation you have to lodge the case within three months less one day. Then if it isn't resolved you have to lodge with the employment tribunal your case within a month of the concilliation certificate being issued.  These are inflexible time limits.

    'Bullying' unfortunately is not a reason  that the employment tribunal would be interested in.  'Harassment' is, and there are defined behaviours which are classed as 'harrassment', and would need to be unwarranted behaviour based on your protected characteristic - which I am thinking in this case would be you being autistc.  Your employer will deny they have failed to properly investigate this of course and make out that any behaviour was minor or not proveable, and that they have operated in a correct manner in their investigations.

    However cast-iron your case seems to be, the law, a tribunal, or a court can take another view.  You would in all probability be 'offered' a sum of money to quietly drop your case.  You have also a problem if you have been working less than two years for your employer as your employer can dismiss you without giving a reason, and merely saying it hasn't worked out and denying any discrimination.

    Unfortunately about ninety percent of tribunal cases are either unsuccessful or are withdrawn (which usually means settled out of court) before any tribunal case.  And courts and tribunals do not take kindly to 'reasonable' offers being refused (however unreasonable they may seem) in order to 'have a day in court'.  And even if successful sums of money awarded can be quite low, although there is in theory 'unlimited' damages that can be awarded for discrimination. 

    For legal advice and assistance alone (Union Members have legal help through their union solicitors via their union) I would urge anyone especially with any disability to join a union.  Trying to go through the procedure under any circumstances is very stressful, and more so without proper support.

    You can look up some cases on the employment tribunal website, searching for ones that may be relevant to your case:

    https://www.gov.uk/employment-tribunal-decisions?tribunal_decision_categories%5B%5D=disability-discrimination

    (this will require a lot of trawling through the cases as many are 'withdrawn' which can mean anything from not turning up to being settled 'out of court'.)

  • I looked st some of the tribunal decisions concerning autism and other conditions and it is evident that the courts are not in favour of the claimant. 

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