Written by Jay Bhayani | Partner

Bullying and Constructive Dismissal

Circumstances

My client (Jane) was employed in the role of Senior Manager in an IT company. She was directly responsible for 10 managers after a recent restructure, having previously been on the same level as her colleagues who had now become her subordinates. Jane had very little training to prepare her for her new role and not surprisingly relations turned sour. Jane was faced with resistance and hostility from the team of managers. She had no support from the directors and was expected to ‘get on with it’. In particular one director made unilateral changes to the manager’s terms, imposed impossible deadlines and humiliated Jane at every opportunity to make her the scapegoat for complaints by the managers.

Jane started to suffer with panic attacks, sleeplessness and low mood resulting in her being signed off sick.

Legal issues

Bullying and harassment, sickness absence, constructive dismissal

Outcome

Jane felt that her position had been made impossible and resigned. She raised a grievance against the director who had bullied her and made a claim for constructive dismissal. To her surprise her team of managers supported her with witness evidence and an 11th hour settlement was agreed. This gave Jane a clean reference and an opportunity to move on with 12 months pay. As I often see with my clients as soon as she could close the door on this chapter of her life  her health and confidence improved dramatically.

For advice about any of the issues discussed here or any employment or HR related matter contact me on 0114 272 1884 or Jay@bhayanibracewell.co.uk.

If you employ people you should ask about our new fully inclusive monthly retainer package covering all your HR and employment law needs – we are specialist employment lawyers and we tailor our services to fit your business needs.

Written by Jay Bhayani | Partner

Jay is a Partner and leads the employment law team. She has 20 years experience of dealing with all aspects of HR and employment matters and specialises in complex and sensitive issues. Contact Jay >>

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